help please

[eb106032003]

I will be appearing for CP soon (E1 OR) along with my wife. My employment letter salary is lower than on I-140 due to current budgetary shortages in research compared to a few years ago. Job description is same. As per my lawyer it is unimportant since salary is not a consideration for E1. I have some misgivings although he is a good lawyer.

Travelling to the US is extremely important in my wife's work (and mine). We currently have B visas valid till 2015 and travel at least twice a year. I am worried that when I appear at the embassy they may cancel our non-immigrant visas. If the GC is refused, we may be stuck.

Does anyone know about salary issues for E1, or if non-immigrant visas are cancelled before/after a unsuccesful interview. Can one get a non-immigrant visa after a immigrant visa rejection ?

I am debating whether to just cancel the interview and would appreciate your opinion.

 

[rkrishna22]

I will be appearing for CP soon (E1 OR) along with my wife. My employment letter salary is lower than on I-140 due to current budgetary shortages in research compared to a few years ago. Job description is same. As per my lawyer it is unimportant since salary is not a consideration for E1. I have some misgivings although he is a good lawyer.

Travelling to the US is extremely important in my wife's work (and mine). We currently have B visas valid till 2015 and travel at least twice a year. I am worried that when I appear at the embassy they may cancel our non-immigrant visas. If the GC is refused, we may be stuck.

Does anyone know about salary issues for E1, or if non-immigrant visas are cancelled before/after a unsuccesful interview. Can one get a non-immigrant visa after a immigrant visa rejection ?

I am debating whether to just cancel the interview and would appreciate your opinion.

Hi,

I am not sure about the E1 privileges or restrictions. But, I can certainly comment on some of the procedures.

When you go for your immigrant visa interview, the first thing they will do is cancel all your non-immigrant visas you might have in your passport, although the stamp says "Cancelled without Prejudice".

Coming to issues with any future non-immigrant petitions if you are denied immigrant visa, God forbid that from happening to you. There is only one category I know which is allowed to have dual intent is H category (could be L also, I am not sure. But, for sure not F or B). Dual intent is as a non-immigrant you can pursue immigrant route also at the same time. But, for this to happen, you should have been already in the US on non-immigrant visa. So, if you were to go a US consulate sometime in the future for a non-immigrant, say B visa, your intentions and credentials will be in doubt as you have already pursued immigrant visa route unsuccessfully (again hope this would not be the case!!).

Hope that helps!! Best of luck with whatever you decide to do!!

 

[eb106032003]

Thanks. That is very useful information (although not what I wanted to hear)

Hi,

I am not sure about the E1 privileges or restrictions. But, I can certainly comment on some of the procedures.

When you go for your immigrant visa interview, the first thing they will do is cancel all your non-immigrant visas you might have in your passport, although the stamp says "Cancelled without Prejudice".

Coming to issues with any future non-immigrant petitions if you are denied immigrant visa, God forbid that from happening to you. There is only one category I know which is allowed to have dual intent is H category (could be L also, I am not sure. But, for sure not F or B). Dual intent is as a non-immigrant you can pursue immigrant route also at the same time. But, for this to happen, you should have been already in the US on non-immigrant visa. So, if you were to go a US consulate sometime in the future for a non-immigrant, say B visa, your intentions and credentials will be in doubt as you have already pursued immigrant visa route unsuccessfully (again hope this would not be the case!!).

Hope that helps!! Best of luck with whatever you decide to do!!