"Amit" wrote in message
news:3FA01D19.5080807@yahoo.com...
> Thanks a lot. This clears some of the confusion. Another question: My
> company is sponsoring my EB1 Ooutstanding Researcher petition. If I
> leave the country for a few weeks, get an H1B stamp and return, are
> there any repurcussions, vis-a-vis my pending OR petition?
> J. J. Farrell wrote:
> > "Amit" wrote in message
> > news:3F9D06AE.9010609@yahoo.com...
> >>My status
> >>changed from F1 to H1B last December (my H1B COS petition was approved).
> >>Now, I need to travel to my home country (India) and will need an H1B
> >>stamp on my passport to re-enter the US.
> >>
> >>My question: Will this H1B stamping count towards the H1B cap limit for
> >>the current year (65000)?
> > No. The cap is on the number of H-1B petitions approved. It has
> > nothing to do with visas.
No. H-1B allows dual intent, so there is no effect of the EB-1 (I-140)
petition on the visa application.
Are you sure that only the I-140 was filed? I ask because it's possible to
file the I-485 concurrently, and if the I-485 has been filed, you need to
carry the I-485 Receipt Notice to be eligible to use the H-1B visa to
re-enter the U.S.
Otherwise, it's irrelevant to the I-140 process whether you apply for an
H-1B visa or not.
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