applying for new O-1 visa while I-140 is pending

[dwitzke]

Hi everybody,

So here is my issue:

My O-1B extension just got approved, I have a pending I-140 petition and my visa stamp expires on May 20.

I would like to leave the US on May 6 to visit my family in Germany and come back after a month. I realize that I need to apply for a new O-1 Visa in order to be allowed to reenter the country as my current visa stamp will be expired by then.

Here is the question: will I face any difficulties during the visa interview due to the fact that I have a pending I-140 immigrant petition while applying for a new O-1 Visa?

I know that the O-1 appears to be considered dual intent but I'm a little insecure and of course I'd love to avoid any difficulties.

Any advice is greatly appreciated.

DW