djain101 Posted September 24, 2019 Report Share Posted September 24, 2019 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 My I-140 was not withdrawn by old employer.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 In my form DS-160, i did mention that my ex-employer has filed an immigrant petition and it was not withdrawn.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. Quote Link to comment
care_candidate Posted September 24, 2019 Report Share Posted September 24, 2019 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. Quote Link to comment
JoeF Posted September 24, 2019 Report Share Posted September 24, 2019 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. Quote Link to comment
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