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Saana

I 140 for EB1- validity req for visa stamp

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Hello,

 

I am planning to apply for a green card in EB1-extraordinary ability category. I am currently working on a O1 visa since last year (2013) and the visa is valid until 2016. 

However, I came into this country on a H1B visa for a different company and that visa stamp is since expired and I have not left the country to get a new visa stamp for O1 visa category.

 

I was wondering if there are any requirements about validity of visa stamp in passport before we can apply I 140. Does our passport need to be stamped with latest visa category (O1 in my case) or is it ok to have all legal paperwork related to latest visa but have an expired older visa stamp in passport. Do I need to go outside the country to get my passport stamped before I can start green card processing and file I-140 without employer support.

 

I would appreciate your response.

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