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Apply for H1B after Filing I-140

2020-03-17 23:19:08
3 339
Posted by Danny 4 years ago
#1
I'm currently working at a University on J1 and have obtained the J waiver. Now I want to switch to H1B (sponsored by the same employer)
I just submitted the I-140 form and plan to traveled back to China after changing of status to H1B. But I also need to get a new visa stamp at the consulate to reenter the U.S.
My plan is to submit I-485 after I come back from China. And I want to know if my plan sounds alright?
Rumors say I can't obtain H1B visa stamp in China after filing I-485. But could filing I-140 affect that as well? Just to be extra cautious! Any ideas?
Posted by delores.holmes222 4 years ago
#2

to Danny:

I'm not sure what your question is because that sounds like a very good plan.
H1B is a dual intent visa so there should not be any problem with filing I-140 beforehand.
Posted by yellowbutterfly203 4 years ago
#3

to Danny:

This time rumors are right. You cannot obtain H1B visa stamp outside of the states after filing I-485.
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