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Go Back to My Home Country When the I-140 NIW Application Is Pending

Hi William,

I am in H-1B status, working on my postdoctoral research at a university. I have filed an NIW I-140 immigration petition, which has been pending, and I have not applied for an I-485 adjustment of status. I would like to go back to my home country for a visit and to get married. Is it safe for me to go back to my home country when the I-140 NIW application is pending? 


In this situation, you can go back to your home country for a visit. You will have no problem getting an H-1B visa at U.S. consulate in your home country, since an H-1B visa allows dual intent, i.e., immigrant or non-immigrant intent. 

Your travel outside the United States will not affect your NIW application. Also, your pending NIW application will not affect your H-1B visa application. Moreover, your new wife may apply for an H-4 visa with your H-1B application. 

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