I-140 pending, Travel internationally for Visa stamping

[bhavik23]

Hi,

I have an approved I-140 petition for EB3 with priority date of Dec 2007. I am currently on the H1-B status and I finished 6 years on H1B in October 2012. My employed filed for my H1b renewal and I got a new I797A form with H1B status approved until October 2015.

In October 2012, my employer also filed an EB2 peition for me as I switched job ( within the same company). My PERM application got approved last week and now we have to file for a new I-140 EB2 application so that we can recapture the December 2007 PD with EB2.

My question is that I have to travel to India in mid-May of this year and since I have an expired H1b Visa and a new H1b approval notice...I will need to get a new H1B visa at the consulate too. Will my I-140 petition create a problem for this? Can I travel to India while the I-140 is pending and can I renew my Visa during that same trip or do I need to wait until my I-140 gets approved.

Thanks,

Bhavik

[pontevecchio]

You have an extension till 2015. I assume the new job was reflected in an H1 and LCA Amendment. If this is so the I-140 is immaterial. yOU CAN GO AND GET YOUR STAMP.