Getting H1B visa in the consulate during AOS

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sd1975

Registered Users (C)
Hi guys,

There is a question in DF-156 (application form for non-immigrant visa) "Did you or somebody else on your name applied for permanent residence in US? If yes then who?"
I'm going to apply for my H1B extension however I have already filed my I485 for employment based green card. How should I answer this question. Does "yes" automatically means that I have immigration intentions and I'm not eligible for non-immigrant visa.

Thank you,

VK
 
Originally posted by sd1975
Hi guys,

There is a question in DF-156 (application form for non-immigrant visa) "Did you or somebody else on your name applied for permanent residence in US? If yes then who?"
I'm going to apply for my H1B extension however I have already filed my I485 for employment based green card. How should I answer this question. Does "yes" automatically means that I have immigration intentions and I'm not eligible for non-immigrant visa.

Thank you,

VK
Click to expand...
H and L visas are exempt form the immigrant intent requirements and a YES answer cannot be the criteria for disqualification. You should answer the question truthfully (a YES if you have an approved I-140)
 
Thank you, I thought so.

What should I answer on an interview in a consulate if they ask me about my intentions?

Thanks,
VK
 
Originally posted by sd1975
Thank you, I thought so.

What should I answer on an interview in a consulate if they ask me about my intentions?

Thanks,
VK
Click to expand...

Exactly what you indicated on the form.
 
But on the form I don't indicate my intentions. I just tell them the fact that my employer petitioned for my GC.
So do I have to say them that i have Immigrational intentions or it's better to say that I have an intention to work for my sponsor, but don't really have intentions to live in US?
 
Originally posted by sd1975
But on the form I don't indicate my intentions. I just tell them the fact that my employer petitioned for my GC. So do I have to say them that i have Immigrational intentions or it's better to say that I have an intention to work for my sponsor, but don't really have intentions to live in US?
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Your employer didn't file the I-485. You did. You have immigrant intent, and you should say so on the DS-156 and whenever asked.

The law specifically states that an H or L visa cannot be denied because of immigrant intent. If I was a consular officer, I'd ask myself "why is this guy trying to hide something that cannot hurt him?" I'd then wonder what else was being hidden.

Always be honest and open.
 
It's not actually hiding. May I just say that my intention is to work for this company. And if I have to immigrate for this then I will. But emphasize that the primary intention is to work for this employer. Do you think this will be appropriate in this situation?
The problem is that I had a conversation with a lady from the consulate and she told me that they may deny giving a non-immigrant visa and suggest to apply for an immigrant visa in the case if you tell that you have Intention to Immigrate to the US. When you are getting this visa you should have an intention to work for your sponsor. Dual intentions means that after getting this visa you may change your intentions and change your status to immigrant without any problems. That what she told me. And that's why I'm worried a little bit that there may be a problem on an interview.
 
Originally posted by sd1975
It's not actually hiding. May I just say that my intention is to work for this company. And if I have to immigrate for this then I will. But emphasize that the primary intention is to work for this employer. Do you think this will be appropriate in this situation?
Click to expand...

No. You're slicing hairs here, and that won't do you any good at either a consular interview, or at a POE. You've filed an I-485. That means "I intend to immigrate to the US." There's no way around that. Anything less than that makes people suspicious, and in this environment that is a most unwise thing to do.

The problem is that I had a conversation with a lady from the consulate and she told me that they may deny giving a non-immigrant visa and suggest to apply for an immigrant visa in the case if you tell that you have Intention to Immigrate to the US. When you are getting this visa you should have an intention to work for your sponsor. Dual intentions means that after getting this visa you may change your intentions and change your status to immigrant without any problems. That what she told me.
Click to expand...

She gave you a grain of truth wrapped up in a whole lot of misinformation and error.

In most cases, a non-immigrant visa is exactly that, you cannot have immigrant intent. However, there is a specific statutory exemption for the H and L visas, that you cannot be denied a visa in either of these classes becuase of immigrant intent. So why on earth do you want to hide your immigrant intent? It cannot possibily hurt you.

You have immigrant intent. You do. Really. And you can come into the Consulate or Embassy with a T-Shirt that says it with big red block letters, and they cannot deny you the H because of that. So there's no point in trying to pussyfoot around this.
 
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