I was in the US on H4 several years ago, but got aged out so could not get Green Card on my father's H1B sponsorship from his employer. As a result, I had to switch from H4 to F1 to H1B now. Ever since my H4, I have never traveled outside USA. In 2021, my parents filed I-130 (F2B category) for me. Now that I have completed 1 year on H1B, I am planning to visit India and get a H1B visa stamping. What are the risks since I also have a pending I-130/F2B application? How will the new $100K policy impact me since I will be going for 1st time H1B stamping?
I-130 pending and H1B Stamping issue
- Thread starter AshNeet
- Start date
SusieQQQ
Well-Known Member
Immigrant intent is explicitly not disqualifying for H1B.
9 FAM 402.10-10(A) (U) INA 214(b) and H Visas
(CT:VISA-1623; 09-29-2022)
a. (U) The express text of INA 214(b) indicates that it cannot be applied to H-1B applicants. In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of their authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent.
Suggest you speak to your company’s lawyer about the potential for the fee being charged, but it is supposed to be for new H1B applications only.
9 FAM 402.10-10(A) (U) INA 214(b) and H Visas
(CT:VISA-1623; 09-29-2022)
a. (U) The express text of INA 214(b) indicates that it cannot be applied to H-1B applicants. In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of their authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent.
Suggest you speak to your company’s lawyer about the potential for the fee being charged, but it is supposed to be for new H1B applications only.
Can I get a response from Immigration.com rep please for my question? I posted this question for Thursday's call (9/25/2025) but it was never approved by the moderator and I don't know if the call ever took place as I don't see a link for the 9/25/2025 call recording in YouTube.
