On H1b Visa with I-140 approved and want to visit India (my home country) for first time H1b visa stamping.


#1

I have done masters degree from US. Came here first on visitor visa and then got f1 visa stamped from India and started masters in US. Later I got a job while on OPT. COS was done from f1 to H1b in 2015 from US.
My h1b renewal was done in October 2018 and it got approved for the next 3 years. Now I am on h1b Visa and my employer had applied for employment based green card. i-140 just got approved in Nov 2018.
I want to visit my relatives in April 2019 and thus will be going for visa stamping for the first time. My husband (on H4) is planning to go a week early for visa interview. My son (US citizen) and I will travel after a week.
Can my h1b get denied depending on the visa consulate discretion? How much is the risk? Is the risk same as appearing for the first time h1b visa interview?
Anyone with similar situation or in the same boat?
thanks


#2

There is only one risk associated and that is regarding the family applying for visa at different intervals. Is there a reason why both of you are not applying for visas at the same time? I can understand why you don’t want entire family to get stuck in India when applying together so you feel better off seeing first how your husband fairs in the interview but RFEs have become too common these days to make such situations better one way or other. I guess it’s okay, whatever makes you feel comfortable. Also please make sure that you answer the question on DS160 ‘have you or anyone on your behalf applied for immigrant visa’ question with a ‘yes’. A question will also come up on your original arrival on a B-1 visa (INA 214b, your intent to immigrate was already there when you first traveled). But it was also a while ago

Best wishes

Dr. Sandeep Shankar
hopehumanity@gmail.com
www.hopeforhumanityglobal.org


#3

Thank you Dr. Shankar for answering!
Actually, as you mentioned I want to know how it goes for my spouse first and depending on that I would have an idea what is going to happen in my case. To be honest, even that wont be enough actually.
But on the other side, its my spouse s side of family’s wedding and we are going to attend that. Now since he is not working, he will go early but I am working and I just have 2 weeks off. That is another reason.
But I have another concern, I have I 140 approved but at the same time, my parents also applied for immigration on my behalf this november 2018. Just received the receipt letter as of now.
Do you think that would be an issue?
Thanks