Legal Question in Immigration Law in New Jersey

I am on H1B visa and applied for Green Card. My labor is approved and I 140 is in process(Premium) which may come end of next month.

Q: If I go for H1B stamping and for any reason they reject or hold(query) the stamping then I will have to go back to my country.

Will I be able to come back If I stay in my country more than 1 year or minimum 6 Months ?


Asked on 8/06/15, 8:09 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your H-1B visa issuance is denied, then you cannot re-enter the country, period. Unless you have a max-out issue, I don't see that any time frame outside the U.S. is relevant. If you are denied due to an admissibility issue, then that will always be the case. If you think you might be denied due to an arrest, period of unauthorized employment, unlawful presence, etc, then don't leave the country.

Read more
Answered on 8/06/15, 1:02 pm


Related Questions & Answers

More Immigration Law questions and answers in New Jersey