Non-immigrant visa while waiting on GC

A

Arindam

New Member
Hi,

My wife and I both have 10-yr multiple entry B1/B2 visas (since 2000 and 1998 resepectively). My sister filed petition for my GC in Jan 2002.

This week I applied for a non-immigrant visa for my 6-month old son and it got refused due to the pending GC application.

I work for a multinational company, presently based in the UK, and I am expecting a placement in the US within the next couple of months. My queries are the following:

1. Will the GC application come in the way of getting a work permit ? Can I still travel to the US on my B1/B2 visas ?

2. My assignment in the US is very important, and I will not be able to turn it down. In case it becomes necessary, what is the process to cancel my Green Card petition ? How long does this process take ? Will this have any impact when I go to apply for a Non-immigrant visa ?

Thanks and regards,

Arindam
 
Originally posted by Arindam
Hi,

My wife and I both have 10-yr multiple entry B1/B2 visas (since 2000 and 1998 resepectively). My sister filed petition for my GC in Jan 2002.

This week I applied for a non-immigrant visa for my 6-month old son and it got refused due to the pending GC application.

I work for a multinational company, presently based in the UK, and I am expecting a placement in the US within the next couple of months. My queries are the following:

1. Will the GC application come in the way of getting a work permit ? Can I still travel to the US on my B1/B2 visas ?

2. My assignment in the US is very important, and I will not be able to turn it down. In case it becomes necessary, what is the process to cancel my Green Card petition ? How long does this process take ? Will this have any impact when I go to apply for a Non-immigrant visa ?

Thanks and regards,

Arindam
Click to expand...
The best thing for you is to apply for L1 or H1 visa to allow you to work in the US. You cannot work in the US on a B1/B2 visa.
L or H visas are dual-intent, i.e. any pending green card petition will not be used as a reason to deny.
 
If I do get transfered it will be on a L-1 visa ... however, I plan to travel to the US for a couple of weeks next month, is my B1/B2 still valid in spite of my GC application ?

Thanks & regards,

Arindam
 
Originally posted by Arindam
If I do get transfered it will be on a L-1 visa ... however, I plan to travel to the US for a couple of weeks next month, is my B1/B2 still valid in spite of my GC application ?

Thanks & regards,

Arindam
Click to expand...

Since you already have a visitor's visa you should not have a problem.
 
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