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H1B Stamping when H1 valid for 2 months

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  • H1B Stamping when H1 valid for 2 months

    Hi Everyone,
    *
    **** **** **** **** **** *My H1B is valid till 28th November 2015. I will be completing 5 years 11 months*on28th November 2015. Our company has filed for GC in EB1C recently, therefore it will take time to get I-140 apporval/denial. In the mean time if I travel to India in last week of August 2015 due to family emergency and come back in October.*I will have to get my H1B stamped.
    *
    Question: 1) Do you think, my H1b will get stamped, knowing the fact that it is valid till 28th November 2015.
    **** **** **** **** 2) If I show 1-140 filing as a*proof will they consider that for stamping.
    **** **** **** **** 3) If my H1B gets stamped, will there be any issues while entering US in October** 2015?
    *
    *Could you please help?

  • #2
    You can appear for visa interview as long as your H1B petition is valid. Visa if approved will have a validity only till the H1B petition expiry date. You can enter U.S as long as your H1B petition, H1B visa and passport are valid. I-94 will be issued only till the petition expiry date. Showing I-140 approval during the H1B visa interview will have no impact.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the response !

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