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URGENT!! CAN I APPLY FOR B1/B2 with an approved I-140 ? PLEASE HELP!!!!

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  • URGENT!! CAN I APPLY FOR B1/B2 with an approved I-140 ? PLEASE HELP!!!!

    Background: I got laid off in July 2016 - employer revoked H1B (even though stamp is valid in passport till Sep 2018). I left the US in October 2016 and returned to Dubai, UAE (where i grew up and my parents have lived for 30 years) to work.. Its been almost a year since I have been away and do not plan on going back to work in the US . I have an approved I-140 filed by my employer that was approved in 2012 (EB3 category - waiting on priority date of Nov 2012 with Indian passport - so another 8 years or so)

    I now want to go back to the US to visit my friends and some cousins and go for a holiday - can I apply for a B1/B2 visa ? All my previous visas (student, tourist and H1s have been approved from Dubai, UAE American Consulate) . Obviously waiting 8 years for the priority date to become current is silly and not being able to visit the US (where I studied on an F1 and lived for 11 years on H1B)

    (1) Will they cancel the H1b stamp if they approve the B1/B2 visa ?
    (2) Will they approve the B1/B2 if i can show that i am going for temporary visit (will be going to London also after and have 10 year UK visa) and have an employment letter, car loan, etc in Dubai ?
    (3) When they ask about my immigrant intent, I plan on saying that it was filed by my company and that is not something I wish to pursue any longer (however, I do not want it withdrawn at this time )

    Any help will be appreciated. Thanks

  • #2
    (1) No
    (2) As long as you can show that your visit is going to be temporary, you can be granted B1/B2. Holding a UK visa does not guarantee anything.
    (3) Merely having an approved I140 does not indicate immigration intent.
    Just an opinion; Not legal advice.

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    • #3
      any other opinions please?

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      • #4
        No, maybe, an immigrant petition that is not current does not on it's own impute immigrant intent

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        • #5
          Yes you can. A filed or approved I-140 does not signal immigrant intent unless you act on the petition and apply for a I-485 or a consular processing. See the supreme court ruling on an applicants who apply for the diversity lottery and there is some similarities there and also look up the law regarding applying for a E-1 or E-2 visa does not signal immigrant intent and does not impact someone applying for a strict non-immigrant visa if you can demonstrate you just were exploring options when applying for I-140.

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