H1B Visa interview while marriage based I-485 pending

ventzi75

Registered Users (C)
Has anyone had similar experience? My U.S. citizen marriage based I-130/I-485 AOS application is still pending after the interview and no-reply yet. It has been two months since the interview. At the interview they gave me a notice saying that additional information is required to determine AOS eligibility and not to contact them unless 180 days have passed. I have to travel abroad but I don't have H1B visa stamped in my passport. I arrived on F1 visa three years ago and adjusted status to H1 six months ago, then filed I-130/I-485. I am still working for the same employer using the H1. My question is what are the chances of getting an H1B non-immigrant visa outside of the U.S.? In the visa application they have a question do you have wife in the U.S. and has anyone filed an immigrant petition for you which I have to answer 'Yes' of course. H1B is a dual-intent visa but how much I can count on that in reality? Is the H1B dual-intent more in the course of: first you don't have immigration intent when you apply for the visa but then you can have that intent later on. This would mean that you can't have the immigration intent since the beginning. I prefer not to enter the U.S. on advanced parole.
 
you're not applying for the initial visa anymore, just the stamping of an approved status... so dual intent is valid at this time...

best bet is to use advance parole, go to US consulate and apply for visa stamp, if denied, return to US on advance parole....

If it were me, i'd stay and wait...
 
Thanks for the answer. That's probably what I will do, just wait for their reply. I don't want to take any risks. They are messing up my travel plans big time though.
 
Top