Can I get H1B stamping if PERM is approved and I140 is in filed/approved/rejected state?
I was an F-1 student (till 30th Sept)and recently got an H1B visa. My PERM is approved and the employer is looking to file I140 at the earliest. I am planning to go to India for a casual trip and get H1B stamping done on my passport in the span of ~2 months. How will this affect me if my I140 is in pending/approved/rejected state at the time of H1B visa interview in India?
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Microsoft xfiq50 Oct 9, 2018
Your PERM/I140 and h1b are mutually exclusive applications.
Nordstrom Nordyte Oct 11, 2018
I was in same situation. But overall it's doesn't matter. My 140 got deniied but stamping was done without any questions asked
F5 Networks 1u2ir8v3f7 Oct 11, 2018
Reason for denial?
New
EHOK65 Aug 3, 2022I don't see why the i140 got denied.
Intent to immigrate on an non-immigrant visa?.. I guess that’s something you need to think about.. ask your lawyers..
There is no actual intent to immigrate until he files i485. Technically the i140 is just a job offer. Until he files i485 he hasn't signaled intent to accept the offer.
H1B is a dual intent visa