H1B visa stamp with submitted I-140 form

[SHUMIN 0]

I'd like to ask if anyone filed I-140 for NIW then go back original country to obtain H1B visa stamp.

Current, I have H1B visa. And I just submitted I-140 form for NIW. I was planning to go back my country to obtain H1B visa stamp.

However, I was not sure if there's any chance that I might not be enter to US.

 

Did anyone obtain H1B visa stamp successfully after filed I-140?

 

Thank you for any suggestions in advance.

Edited October 28, 2019 by SHUMIN

[bmqsg5h3 12]

The H1B is dual-intent and can be extended beyond 6 years if I-140 petition was filed over 365 days ago. I got a H1B stamp in Ottawa, while my I-140 (EB2 NIW) & I-485 were pending and after 6 years of H1B. No question was asked at a window in the visa section of the embassy.

Edited October 28, 2019 by t-ten

[designguy 1,179]

You need to provide more information about your background and situation to get better advice

[IJJ 18]

My husband just did that in Singapore. Pending I-140 and got his H1-B visa on his passport during his return. We did ask our lawyer and lawyer said okay. You may want to have a word with your lawyer since he/she knows your situation well.

[SHUMIN 0]

On 10/27/2019 at 11:57 PM, t-ten said:

The H1B is dual-intent and can be extended beyond 6 years if I-140 petition was filed over 365 days ago. I got a H1B stamp in Ottawa, while my I-140 (EB2 NIW) & I-485 were pending and after 6 years of H1B. No question was asked at a window in the visa section of the embassy.

Thank you for the information!

On 10/28/2019 at 11:34 PM, IJJ said:

My husband just did that in Singapore. Pending I-140 and got his H1-B visa on his passport during his return. We did ask our lawyer and lawyer said okay. You may want to have a word with your lawyer since he/she knows your situation well.

Thank you!!