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H1B - The 214(b) Intending Immigrant Provision

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  • H1B - The 214(b) Intending Immigrant Provision

    I got H1 Approval from my employer and now applying for the visa stamping at consulate. I have my parents in USA (US Citizenz/LPR) and a pending immigration petition has been filled by my FATHER for me.
    I am confused with the following statement foud on this site:
    "Non-immigrant visa applicants in almost all categories must demonstrate to the Consular Officer’s satisfaction that they have strong ties to a permanent residence outside of the U.S. which would compel them to leave the U.S. upon the completion of their authorized stay."

    In present situation it seems clearly that i am an intending immigrant..as my pending immigration petition will become open.. So what does it make effect on consulate person..would he give me refusal under 214(g)?
    Kindly advise me is there any legal way and how can i go thru this situation?

    Thanks in advance!


  • #2
    H1 visa is exception in that. H1 visa is dual intent.
    You do NOT have to prove that you will definitely go back.
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