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  • H1B approval chances when relatives are already in US

    My H1B application for 2014-15 is approved and I have to schedule my visa interview in Chennai. While filling DS 160 I had couple of questions.

    My sister is in US on H1B and my parents recently went to US on visitor visa.(they are still in US and will return in December)

    Would this in any way reduce my chances of visa approval. As I've heard that, consulate generally looks for possible permanent immigration possibilities and this might strike to them as a potential case of permanent immigrant.(since most of my family except for my wife and kids are in US)
    Last edited by saicharms; 07-31-2014, 11:50 AM. Reason: more details provided

  • #2
    Originally posted by saicharms View Post
    My H1B application for 2014-15 is approved and I have to schedule my visa interview in Chennai. While filling DS 160 I had couple of questions.

    My sister is in US on H1B and my parents recently went to US on visitor visa.(they are still in US and will return in December)

    Would this in any way reduce my chances of visa approval. As I've heard that, consulate generally looks for possible permanent immigration possibilities and this might strike to them as a potential case of permanent immigrant.(since most of my family except for my wife and kids are in US)
    Presence of existing relatives should not negatively impact your H1. Your H1 is dependent on your employer's capability to provide you genuine work and to be able to pay you suitably and of course, your own eligibility for that job.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Presence of existing relatives should not negatively impact your H1. Your H1 is dependent on your employer's capability to provide you genuine work and to be able to pay you suitably and of course, your own eligibility for that job.

      This is my opinion not legal advice.

      Great. Thanks Raghvi for the response.

      I was in US on L1B for ~24 months..I had an SSN and Drivers License. Will that have any impact? (+ve or -ve)

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      • #4
        Originally posted by saicharms View Post
        Great. Thanks Raghvi for the response.

        I was in US on L1B for ~24 months..I had an SSN and Drivers License. Will that have any impact? (+ve or -ve)
        No impact, as I said, the success of H1 would heavily depend upon the authenticity of your H1 employer and they genuineness.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          No impact, as I said, the success of H1 would heavily depend upon the authenticity of your H1 employer and they genuineness.

          This is my opinion not legal advice.

          Hello Raghvi,

          I found your answers very useful. Could you please guide me in my case too.
          Myself & my husband applied for H1B visa's this april. My petition got picked in lottery & my husband petition was not picked.
          Now I am planning to go for Visa stamping soon, is it a good idea to take both my husband & kid for stamping along with me?

          Will it affect my chances of getting H1B visa? If they ask my husband what he will be doing in US on H4, he is planning to say he will take a break from his job( actually that was the plan).

          My employer suggested us to go together but I am bit scared as wife on H1 & husband on h4 is bit rare case. Please suggest me.

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          • #6
            You do not have to hijack an existing running thread to post a question.

            I do not see any issues with your husband going for H4 visa. Husband going for H4 is not as rare as you think. It has no bearing on the H1 decision, H1 is solely granted on the merits of the employer and the authenticity of the job.

            Though would caution that your husband should not work at all while on H4 in US. Recently one of the forum members posted an experience of being denied H4 because he had worked "voluntarily" .

            This is my opinion not legal advice.

            Comment

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