Interesting senerio cna somebody help???

saa

Registered Users (C)
I came to the US on b-2 then changed to H-1 (prior to expiration of the b-2 status). I was never out-of-status.
My 6 years H-1 status are up at the end of September 02 with no potential for GC insight. I will return to India prior to expiration of the H-1 status and stay there for 1 year.
When I re-apply for h-1 visa at bombay consulate (after obtaining a job and getting H-1 petition approved) is there a chance for rejection on the basis that my first visit to the US was on B-2, and after coming to the US I changed to H-1 status??? I have obtained h-1 visa at Toronto Consulate and then from the State Dept but never from Bombay Consulate.
 
Possible...

But H1 is dual intent. Most of the H1 rejections are for suspicions about the employer and about educational qualifications.
You might be asked about your intent while on B2. That is all.
Only H4s are nowadays subject to immigration intent questions nowadays...
 
Thats good one,I have exactly opposite situation

I was on H1 for last 5 years and now I have returned to India to avoid being out of status. Now I intend to switch to B2 visa to visit usa since I have some property to take care of there and then come back.
Do you think I can be rejected B2 visa on the intent of changing back to H1 in usa as its quite possible if I get job offer.
Thanks
 
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