vissapr Posted May 13, 2015 Report Posted May 13, 2015 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.
jairichi Posted May 13, 2015 Report Posted May 13, 2015 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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