PD current - cannot file 485 & travel opportunity

[desigun]

My PD is Dec 2007 (EB2 - 140 approved, 485 not filed), couldn't file 485 because of a title change in the same company. Now, i have an international travel opportunity (for work) and would require a visa stamping to re-enter US. (H1B valid till 2015). Tentative travel dates are in Sep/Oct and as know, PD will be current during that period.

Is it advisable to go for a H1B visa stamping when PD is current? I'm still trying to explore possibilities of filing 485, but chances are bleak..

 

Thanks for your time and inputs in advance....

[pontevecchio]

Have you talked to a Lawyer about using AC21 if the jobs are similar. Designations do not really matter.

[desigun]

I believe AC21 can be applied only after at least 6 months of filing 485.  

[pontevecchio]

Fair enough.  Have you talked to a Lawyer?  Has your job description changed so much?

[desigun]

Thanks pontevecchio..

 

job duties haven't changed significantly.. title has changed... 

[Belle]

You need an update on your H1/LCA. Your H1 stamping and ability to enter does not depend on your green card case. I am not sure why you are likinking the two.

[desigun]

Thanks Belle,

 

Yes my H1/LCA is updated.. but just wanted to make sure if a question about me not filing the 485 will be raised when i appear for the stamping interview.  

[pontevecchio]

You do have a valid H1 petition till 2015.

[Belle]

Thanks Belle,

 

Yes my H1/LCA is updated.. but just wanted to make sure if a question about me not filing the 485 will be raised when i appear for the stamping interview.  

It won't. You can have a green card case from a totally different employer for a totally different profession. Those are independent things. Just state that you have an approved I-140. No big deal, H is a dual purpose visa.