New Visa application with Green card application history

[test2010]

Situation:

• I was on an H1-B working in USA. I quit and came back to India few months ago.

• At that time I was also in the middle of my green card process. I was in stage 2 (Application I-140). My attorney had told me that stage 3 was a while to go as the backlong for a date for Indian citizens was very long.

• I have just been hired by another company to work in USA, and they want me to come to USA for a final interview.

Questions:

• Will the computers in the US embassy know that I had applied for the Green card in my previous stay in the US?

• Since I dont have a H1-B anymore I was thinking of getting a B1 or B2 to go meet the future employer. If I apply for a B1 or B2 to go for the final interview with the employer in US, will I have any problems in the visa interview as I was a H1-B holder previously as well as in the middle of the green card process in USA?

• What should I say and not say to the US consulate when I go for my visa?

• What kind of a visa should I get in this situation for the final interview visit to the US?

• After I come back from my final interview from USA, I will again be applying for H1-B after receiving the I-797A from this employer. Will I face problems at the consulate as they will know that few weeks back I had approached them for a B1/B2, and now I am back to get a H1-B. It would be quite easy to interpret that B1/B2 visit was for an employment interview visit as opposed to a business to visitor visit. Will that create a problem?

• Also, will the embassy ceate problems knowing I have previously lived in the US on a H1-B as well as applied for a Green card?

[Subramanya]

I was on an H1-B working in USA. I quit and came back to India few months ago.

At that time I was also in the middle of my green card process. I was in stage 2 (Application I-140). My attorney had told me that stage 3 was a while to go as the backlong for a date for Indian citizens was very long.
I have just been hired by another company to work in USA, and they want me to come to USA for a final interview.

Will the computers in the US embassy know that I had applied for the Green card in my previous stay in the US?

---- Yes

Since I dont have a H1-B anymore I was thinking of getting a B1 or B2 to go meet the future employer. If I apply for a B1 or B2 to go for the final interview with the employer in US, will I have any problems in the visa interview as I was a H1-B holder previously as well as in the middle of the green card process in USA?

---- You can apply for a B1/B2 irrespective of your H1. On the face of it there may be no issues, but be prepared to answer all questions

What should I say and not say to the US consulate when I go for my visa?

---- You have to state the reason for applying for a visa

What kind of a visa should I get in this situation for the final interview visit to the US?

----- If you apply for a B1/B2 visa that is what you will get. There is no specific visa to attend an interview in the US

After I come back from my final interview from USA, I will again be applying for H1-B after receiving the I-797A from this employer. Will I face problems at the consulate as they will know that few weeks back I had approached them for a B1/B2, and now I am back to get a H1-B. It would be quite easy to interpret that B1/B2 visit was for an employment interview visit as opposed to a business to visitor visit. Will that create a problem?

----- All visas are independent of each other. You have to give reasons for applying each visa category

Also, will the embassy ceate problems knowing I have previously lived in the US on a H1-B as well as applied for a Green card?

----- They have nothing to do with yur applications and your stay in the US previously. On the day of a visa interview you have to respond to the visa specific questions

Wonder which company is invitng you for an interview to the US and why

Subramanya