Hello, I'm from India on H1B/approved I140, got married to an US Citizen on Sep 2018, still didn't start the process for Adjustment of Status. But i need to travel to India for a Month without my wife (as she still don't have a Visa to India). Main concern is, my H1B Visa is expired, but i have I797A approved until Aug 2019, due to this i have to attend an interview at US Consulate in India for my visa to be stamped upto Aug 2019. Do you think there will be a problem in Visa Stamping or re-entering the USA? As now that i'm married to an US Citizen, will they deny my Visa being Stamped in the passport OR Will the border officer might deny entering the USA?
The H-1B is one of the few visas in which it is OK to have immigrant intent.
BUT ... you should be prepared for a lengthy delay at the Consulate .. even if you qualify for the dropbox, they are sending more and more applications to 'administrative processing'.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 35 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You also need to invest in a paid consultation prior to your departure to make sure you would be admitted upon return.
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