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djain101

Applying B1 visa if have pending immigrant petition

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Hi, 

I was working in US from 2007 to 2012 on H1-B visa. During that period, my employer at that time filed immigrant petition and got approved I-140 with priority date of June 2011. In 2012, I moved back to India and started working for a new employer. My I-140 was not withdrawn by old employer. 

In my current job, I was required to travel to US for a small duration for business purposes, for which i recently applied for B1-visa and it was denied with 214(g).  During my interview the consular only asked about the purpose of my travel and my role in current organization which I responded accurately and confidently.  However consular spent quite sometime looking at his computer screen and then handed me 214(g). In my form DS-160, i did mention that my ex-employer has filed an immigrant petition and it was not withdrawn.  Could that be the reason, for my B1 visa denial? Can I not travel to US on non-immigrant visa until my immigrant petition is approved?

What are the other options I have to  travel to US for short term?

Thank you for reading and responding to my query.

 

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Since the approved (and current) I-140 has not been withdrawn nor cancelled, it looks like a quick AOS is on the horizon....get rid of that petition somehow and that may help.....either the job/petition is valid or it isn't....and if it isn't, then ask the ex-employer to cancel it.

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Correct. You have clearly shown immigration intent by applying for immigrant status when you started Green Card process. There is no way they will issue B-1 visa. As a matter of fact it can be considered as fraudulent to apply for visitor visa when you already have I-140 approved. Talk to immigration attorney or Murthy kind of firm that can help you to find out what other visa option you have.

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With the I-140 you have shown immigration intent. However, a visitor visa does not allow immigration intent.

It is very hard to overcome the immigration intent assumption. You may not be able to travel to the US as visitor.

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