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Posted on 14 May 2011
Q.

I-140, Wife F1 travel concern

I have H1 B visa, my wife has a F1 visa. My EB-2 I-140 has been approved, and recently I also applied I-140 - in EB1 - OR category.
My lawyer insists that since my I-140 has been approved (in EB-2)/ and applied (EB1), my wife should not travel out of US, because F-1 is a non-immigrant visa. I have not applied I-485 yet.
We are planning to travel to India in June. My wife’s F1 visa is valid for another 3 years, so she does not have to go for visa stamping. My H1B is also valid for one more year.

My question is, If we travel now to India, will it be problem for my wife to re-enter US using F1 visa?

User's Location: Starkville, Mississippi, United States of America
Category: Employment-based Green Card
Posted on 15 May 2011
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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