More details to this question:
My office is changing my role and will file an H1 amendment in September for JD change. Once it is approved they would like to start my PERM process immediately after that. I have a visa slot in January and I really want to make this trip. So, My question is that if I go to stamping post starting the PERM process will it create an complications for during visa stamp interview or in immigration at port of entry. What is your advice on this? Should I wait to start the PERM process till I return from trip or I can start it before the trip itself.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Inasmuch as H-1B is a dual intent visa, starting your PERM application prior to attending your H1B visa interview overseas should not impact your visa interview or entry back to the States. So in my opinion, you can start the PERM application prior to taking your trip. Please however, be forewarned that there is heavy vetting at ports of entry under the Trump administration. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 17th, 2026 at 2:36 PM