Apply for H1B(NIV) after abandoning GC process?

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eb3eb2gc

New Member
Hi Folks,

I am currently on my 8th year H1B with pending i-485 and approved I-140 in the EB-3 category. I am thinking of returning to my home country(India) for good and essentially abandoning my GC application.

My question is in case I need to return to US later on any kind of NIV like H1, L1 or B1, would i have a problem since I'll be applying for a non-immigrant visa but by applying for I-485 now I've shown intent of immigration. Will I be rejected a visa in the NIV category or will i still be eligible to apply for a NIV visa?

Thanks in Advance for your responses.
 
eb3eb2gc said:
Hi Folks,

I am currently on my 8th year H1B with pending i-485 and approved I-140 in the EB-3 category. I am thinking of returning to my home country(India) for good and essentially abandoning my GC application.

My question is in case I need to return to US later on any kind of NIV like H1, L1 or B1, would i have a problem since I'll be applying for a non-immigrant visa but by applying for I-485 now I've shown intent of immigration. Will I be rejected a visa in the NIV category or will i still be eligible to apply for a NIV visa?

Thanks in Advance for your responses.
Click to expand...

You'll be eligible, but you may certainly be rejected. Especially for B1 (which is non-Immigrant visa that requires proofs that you have no immigration intents, L1/H1 are dual intent).
 
Immigrant intent won't be a problem for H1 or L1 visas, since those openly allow immigrant intent. You'll still need to spend a year outside the US before you can qualify for those visas again, because you've exhausted your 6 years of H1B and would no longer have an active GC process to qualify for more extensions.

And if you officially withdraw the I-485, getting a B1/B2 visa shouldn't be a problem, since the I-485 withdrawal would indicate that you no longer intend to immigrate.
 
Last edited by a moderator:
Yes, make sure to notify USCIS or a consulate that you've left the US (or say you are planning to leave by xx/xx/xxxx, if you request the withdrawal when you're still inside the US) and ask them to withdraw the I-485. Don't just depart the US and leave the I-485 in limbo. Include enough supporting documentation like the I-485 receipt.
 
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