Can I get H-1B visa in US for the first time?

anon8

New Member
I got my H-1B papers in USA. I want to go to India in summer where I have to get H-1B visa stamp. I have applied for GC. I am a little afraid because I heard they sometimes do not give the H-1B visa even if its is dual-intent. Can I get a visa stamp here in US since it is for the first time?
 
I got my H-1B papers in USA. I want to go to India in summer where I have to get H-1B visa stamp.
I have applied for GC.
-----------------Do you have I-485 filed and Pending?
I am a little afraid because I heard they sometimes do not give the H-1B visa even if its is dual-intent.
Can I get a visa stamp here in US since it is for the first time?
-------------------- You cant get Visa Stamp in US. to get Visa Stamp you need to go out of US.
------------------
 
No, I have an approved I-140 petition. I have not filed I-485 as my date is not current yet. Is there a possibility of rejection of my H-1B visa application? I heard that sometimes they do that under Section 214(B).
 
No, I have an approved I-140 petition. I have not filed I-485 as my date is not current yet. Is there a possibility of rejection of my H-1B visa application? I heard that sometimes they do that under Section 214(B).

There is always a possibility, but it will not be related to 140 filed on your behalf or the 485. It may be due to other reasons. H1 is dual intent and filing for GC should not effect H1 stamping overseas.
 
No, I have an approved I-140 petition. I have not filed I-485 as my date is not current yet. Is there a possibility of rejection of my H-1B visa application? I heard that sometimes they do that under Section 214(B).

If your sponsors are big companies, you are most probably safe to get visa, unless US consulate found the issue of yourself. Most of the deinal cases are because the companies too small and US consulate has suspicion on the sponsorship, but you never know til you try.
 
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