Apply for labor - visa - question

Bubi

Registered Users (C)
Hello:

I came to USA on H1B on Jun, 1998. I was laid off once from my
job and then applied and got temporary B visa. After I got a job
I got H1B again. This H1B ends in October 2004
(not June, 2004). Is it because I lost job and were on
different visa??

< I got exactly 4 months extension and the different between
the day I was laid off and the day my next H1B was
applied is also exactly 4 months >

Now if my employer applies for labor (gc etc). (I never
applied for labor/green card before)

My question is -

(i) I intend to go back to India if I get a suitable job.
In the US visa application form, there is a question
if anyone ever applied labor for me. If my employer
applies for labor now, do I have to say 'Yes' for this question
if in future I apply for US visa.
Is there any visa implication. I mean, can US consulate
deny my visa then, thinking I might not return given that
my earlier labor application.

Please let me know.

Thanks in advance.
 
Last edited by a moderator:
My question is -

(i) I intend to go back to India if I get a suitable job.
In the US visa application form, there is a question
if anyone ever applied labor for me. If my employer
applies for labor now, do I have to say 'Yes' for this question
if in future I apply for US visa.
------ YES because your employer applied LC for you or filing LC for you( I hope you are asking for Visitor visa form)
Is there any visa implication. I mean, can US consulate
deny my visa then, thinking I might not return given that
my earlier labor application.

---- If your question is related to visitor visa in future from India, then it may have bad impact because your employer filed LC for you and it is an intention to immigrate. For H1B visa in future no problem because H1, H4 visa have dual intent. You may be able to argue that you were on H1 when LC was filed and it depends on visa officer if he buys your argument. B1/B2 are for visit and for any kind of visitor visa the visa officer thinks that this person has immigration intent. All depends on visa officer they have discretionary powers. It does not mean that you may be denied B1/B2 visa in future, all depends on your circumstances at that time, if you have job in India or home on your name, children studying in India and other ties to India it may be approved.
FYI I know a case the lady came to US, she is national award winner film actress, she directly applied her I-140 immigration petition under extraordinary ability (one does not need LC for this category called EB1) got it approved, she did not liked to stay in US permanently changed her mind and went back to India. She clearly showed the immigration intent by filing I-140 and getting it approved if she wished she could have GC.
Later in India she applied for visitor visa and it was approved and she has made more than 10 trips of US in last year as visitor. In her case visa officer knows that she is doing enough work in India and if she wished she could have immigrated
 
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