Can we travel to INDIA for Stamping after applying PERM


vissapr

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Posted

My employer filed for Labor in PERM process last month, which is still in process, I am planning to visit India  sometime in August, I need to get my visa stamping at consulate while coming back. My 6th year H1B expires may 2016.

 

My question is, since I will only have 8 more months of valid H1 on I797 by the time I go for stamping in august, will the consulate stops me in giving visa since I am very close to finishing my 6 year H1B visa and will he think that I will apply for GC and settle in USA ?

 

Also, while filing DS-160,  I have to check the option about filing permanent residency option? What should I do in my case? Do any one think it is bit risky to go India for stamping during this time? I work full-time (NON- IT) with all proper documentation. Please any one answer.

 

Posted

You are fine to go for stamping. No issue with that. Since only your PERM is applied and not I-140 your answer is NO for the question is DS160. And, H1B allows dual intent. So no problem.

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