B1/B2 visa with approved I140

[sreelatham6]

Hi,

 

I am writing this post in regards to one of my friend who is in India and want to visit US.

 

She moved back to India couple of years ago after her H1B was revoked during recerssion but she holds active I140.

 

If she apply for B1/B2 visa, will her I140 be override?

 

What are the consequences she would face while applying for B1/B2 visa?

 

Thanks in advance.

[JoeF]

On 2/5/2019 at 10:44 AM, sreelatham6 said:

Hi,

 

I am writing this post in regards to one of my friend who is in India and want to visit US.

 

She moved back to India couple of years ago after her H1B was revoked during recerssion but she holds active I140.

 

If she apply for B1/B2 visa, will her I140 be override?

 

What are the consequences she would face while applying for B1/B2 visa?

 

Thanks in advance.

There is a question on the application form, "Has an immigrant petition ever been filed for you?" She has to answer that with a yes, since the I-140 is an immigrant petition.

With the I-140 she has shown immigrant intent, which is not compatible with a visitor visa. So, it will be very hard to convince the officer that she no longer has immigration intent.

 

[Provence]

She'll face a skeptical CO suspicious the applicant will use any B2 entry to seek to cos to an H1b