Immigration Issues/F1 stamping

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Question
I changed my status from H4 to F1 in 2003 but I do not have F1 stamp on my passport as I didn't go to home country after that. I am planning to visit India this year however my husband has application for labor certification at backlog center. Can this affect my F1 approval?
If I go to home country after his labor certification (when his I140 and 485 are simultaneously filed and I am included in that), do I need F1 stamping at that time to reneter U.S.? What is the best stage for me to visit home country during all this processing with least possiblity of jeopardizing reentry to U.S.?

Answer
Hi Neha,

You could be considered to have an intent to immigrate to the U.S., so the safe option is to wait until labor certification has been granted and I-140/I-485 filed. When the I-140/I-485 are filed, you can apply for and receive advance parole document, which will allow you to travel and to enter the U.S. without a visa. The advance parole document will guarantee your entry to the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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