On I140 approval Can we travel to india? urgent!!

[annab1415]

My husband's 6th year of h1 ends on 0ct 30.

labour certified , applied for I140 in Premium .

Can he go to india now?

He doesn't have visa stamped on passport, he has to go for stamping too..

Will there be any issue?

[blancx]

He will get a visa only up till Oct 30. If possible, wait till the I-140 comes along, apply for 3 yrs extension and have the visa stamped till 2016 based on the extension.

[Attorney_25]

It is permissible to travel while the I-140 is pending, and also having the I-140 pending would not affect the approvability of the visa. In general the visa would be issued for the period listed on the petition approval (subject to certain limitations).

[donsh]

I would suggest consider the words of "blancx".

That is wait and get I140 approved and get another extension approved based on the approved I140. Then go to out of usa.. in this case you will need just one stamping..

If its really urgent, and can compromise, try to avoid the H1B holder to go out of usa at this stage.. as an H4 you can go out of usa and can come back with stamping little easier than going both.

H1B holder once go out of usa, there is a high chance of getting a 221g letter.. means for any reason they will put your stamping on hold (under admin process), which can take may be a month or many months to complete and it will be frustrating..

I know, because currently I am in a same situation like yours.. I visited India but currently I am stuck.. I have been issued 221g and its almost 4 months.. now, still didn't get the visa stamping yet.

Good Luck !