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O-1 visa stamping after approved I-140 (I-485 is not filed yet)

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  • O-1 visa stamping after approved I-140 (I-485 is not filed yet)

    I am working on O-1 status and need to travel internationally and go for O-1 visa stamping. My I-140 is approved on EB-1 category. I have not filed I-485 yet due to retrogression. Is it safe to go for O-1 stamping in this situation.

    Has anyone experienced this situation before ?

    Thanks.

  • #2
    I was able to get O-1 visa stamp without any issues,. I did answer Yes to the question on DS-160 about immigrant petition. I provided the corresponding receipt number and also included the following statement as suggested by my lawyer. "8 CFR 214.2(o) (13) and 9 FAM 402.13-5(B) state that an alien may be granted O-1A status while lawfully seeking to become a permanent resident of the U.S." During visa interview, no questions were asked about my approved I-140.

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