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    vbreddyasuh's Avatar
    vbreddyasuh Posts: 9, Reputation: 1
    New Member
    		  
    #1

    Nov 12, 2010, 08:35 AM
    My i140 is pending can visit to india
    I applied for I-140 alone (first sep of green card) and the case is pending.Havent applied the I-485. Meanwhile can I visit india on H1b visa and come back to USA.

    Any advise is appreciated
    Thanks
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #2

    Nov 12, 2010, 09:14 AM

    Yes, if you have the H-1B visa issued and it is still valid. The H-1B is a dual intent visa classification, statutorily allowing for you to have the intention to immigrate and still hold a non-immigrant visa. You can confirm this with an immigration attorney.

    Have a good trip. Good luck.
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