Any problems for future visas by applying for green card?

H

hri111

Registered Users (C)
Hi,
I have been working in the states for a few years now and am planning to go back to India in a few years. In the meantime my current employer has agreed to sponsor my green card. Im not sure the GC will be approved (its a very small company) or that I will stay here for the whole application period.

Applying for a GC will show intent to migrate. Do any of youll know if applying for a GC, but not getting it could cause a problem for visas in the future? Say if I am applying for a B-1 a few yrs later to come here for work or a tourist visa? Any instances youll know of?

I'd appreciate any insights. Thanks.
 
I have been told that if you vountarily withdraw your immigrant petition, or voluntarily surrender your GC to the consulate (if one was issued), then you may be able to get the visitor visa. One would have to show strong ties to India like for any visitor visa.

It would be nice if others comment on this aspect. Especially any prior experiences of this kind.
 
Thanks Raj,

Intuitively it seems like the GC application will be an issue for future visas. It would be great for others with experience to post their opinions.
 
filing of I-140 means filing of an immigration petition. filing of LC does not mean anything. filing of I-140 will not affect your future application for h-1 as h-1 is dual intent. however getting a B-1 after filing I-140 is almost next to impossible as you already have intent to migrate, hence b1 will be refused.
 
When you try to book an appotinment at Chennai through TTS, you would get a question like "do you wish to surrender your green card and apply for a non-immigrant visa". So in theory it is possible to get any non-immigrant visa. In reality it could be hard for anything other than an H1B, L1 or their dependents. In the eyes of immigration, "intent" is evrything. If you could show that the circumstances of your life changed so much as to change your intent from residing premanently in the US to residing in home country, then it should be possible to convince the visa officer of your non-immigrant intent. I would think the officer would look at all evidence like how long ago you got your GC (it may not be possible to change your long term intent all of a sudden), any changes in professional career, personal life changes etc...

I had posted a similar question in the Immigrant visa forums some time back and there were some responses as well...
 
A partial answer

So heres the deal from an informed person. (read attorney)

The LC stage doesnt create any record of immigration intent in the system, since the application is by the employer and not the employee.

Ths subsequent stages of I-140 and I-1485 are usually processed in parallel and do create a record of immigration intent. However the attorney was of the opinion that if applying from the home country, previous immigrant filings should not affect non-immigrant visa applications such as H or B filings.

Hope this helps someone.
 
I totally agree with pashwin. B visas will be refused. This is well documented in these forums (see family based GC).
Lawyers rarely face visa officers in consulates, I wont bank my visa on their learned /informed opinions!
 
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