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Aleena

B2 visa, while I 130 is pending

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I was working in US on H1B visa and my extension was denied recently so I had to come back to India. My husband is in US and he is a GC holder. He applied I 130 for me last year and it’s status is pending. It may take more than one year for me to get green card. 

I want to apply for visitor visa as our wedding anniversary is coming up. I am currently working in India. Is it possible to get visitor visa, as my I 130 is pending.

Please suggest!!!

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Can you please elaborate, whether should I apply for visitor visa... if it’s rejected will it have any impact on my future green card application  processing

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a 214b rejection will not harm your green card prospects..the main problem is how will you prove beyond a doubt that you would return to India instead of staying put, awaiting the I-130 process? Promises won't succeed.

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Thank you for the information, I am applying for visitor visa. I have a job here, so taking leave for three weeks and applying for the visa. Hoping that it should get approved...

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I have applied for visitor visa on May 2nd and it was rejected. I took three weeks leave from my job and had leave approval documents. Interviewer asked me if I had quit my job in India. I told him I just want to celebrate my wedding anniversary and come back to India to resume my job, as I was working for the same company for past 11 years. But he was not convinced. He said I was not qualified under that category.

can I reapply again? Please suggest

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pretty simple....those 11 years on the job don't mean much,as you would quit that job within a year or so once the I-130 becomes 'current.'...the CO decided that you would likely stay put, waiting for the petition to become current. ....but did you quit your job? They (COs) may have called....

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The COs might have called and someone at your company may have said something that gave the COs pause...maybe they said, 'yea, she's quitting soon to rejoin her husband...'....either because you did or because someone is jealous...you never know exactly.

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As Noah said, "probable, no."

Applying again without a change in circumstances would just result in another denial. The officers have all the information about the current denial, so without something significantly changing, it is not likely that the outcome would be different.

 

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