Any chances of 214(B) during H1 staping?

[sun2008]

Hi,

I have got my H1 petition approved for FY 2009.

I was refused visitor's visa under 214b about 10 years back.

I am little scared of getting 214 during H1 stamping.
This is my first stamping.

My parents are in US on green card. - Will this be a problem?

[enigmatic10me]

No

[sun2008]

Thanks man.

Great relief to hear that.

can some senior forum members confirm this ?

[DMX17]

214 b is about inability to overcome the presumed (by the VO) immigrant intent. H1 allows immigrant intent and hence 214 b is out of the equation.

[txh1b]

214b is generally for immigrant intent but can be used for any other reason as well...

H1bs are rarely denied under 214b.

In a March 21st cable, the Department of State clarified that section 214(b) of the Immigration and Nationality Act, as a ground for denial of a nonimmigrant visa, not only includes “immigrant intent,” but rather, any ground of ineligibility for the nonimmigrant visa category sought. For example, if a student does not have sufficient funds to study in the United States, he or she will be refused under section 214(b). If an investor has not made a sufficient investment in the U.S., he or she will be refused under section 214(b). So the commonly held notion that 214(b) is a ground of denial only for “intending immigrants” is not exactly correct. It includes any other ground of ineligibility for the particular nonimmigrant visa category which is sought, many of which can be, and are, overcome.

[DMX17]

Certainly did not know that. Thanks.

[sun2008]

Thanks a ton.

First of all, I have to admit that this forum has helped me a lot so far.

Coming back to the point,

a. The chennai consulate website clearly says that H1 is a major exception for 214 b.

b. For business visa, investors visa or students visa, I understand the applicability of 214. Because, you can't file your green-card saying that "I have been studying here sine last 6 years and want my green-card now" - or can you?

However, H1B is a dual intent visa. As per my understanding, 214 shouldn't be applicable to H1B.

Have anyone come across any 214 b refusal for H1B ?

[txh1b]

Why are you so worried about it? It is a rare case scenario for a h1b and it has been conveyed loud and clear on the forum.

[sun2008]

Oh yeah.

Its really very clear now.

The reason why I am worried is the fact that

1. My visitor visa was rejected under 214 earlier.
2. My parents are immigrants ( both have green-card )

so, VO might consider me a prospective immigrant. - This is my source of worries.

However, by reading similar posts on the forum, I can understand that its really a non-issue by n' large.

[txh1b]

H1b is dual intent and your parents' GC will not impact your case. It is logical for a 214b on a tourist/student for such cases.

[sun2008]

Thanks all of you.

I believe, we can mark this thread 'closed' now.

[bobbly]

On the same boat

Hi sun2008, I am in a similar situation like you, parents GC holders. I want to try H1B next year but worry about 214(b). Also, I had my F1 denied last year. Could you share your experience? Very much appreciated. Thanks.

Hi,

I have got my H1 petition approved for FY 2009.

I was refused visitor's visa under 214b about 10 years back.

I am little scared of getting 214 during H1 stamping.
This is my first stamping.

My parents are in US on green card. - Will this be a problem?