B1/B2 visa during EB3/Green card processing

[dhaya12]

My mother-in-law's (nurse) EB3 is in process which was filed by a company in 2008. USCIS website status shows "we mailed the document to the address we have on file. You should receive the new document within 30 days."

I (H1B visa holder) recently sponsored B1/B2 visa for her and got rejected due to EB3 in-progress. Immigration officer mentioned that he/she cannot approve visiting visa during this process. Here is my question,

1. Is it possible to reapply for B1/B2 visa again?

2. How to cancel EB3 by a candidate without company help? If yes, how long will it take for cancellation and what are the procedure?

3. Are there any other alternatives to visit USA in this situation? Example, any additional forms can be submitted?

4. what are the chances of getting approved?

[redgreenbluee]

please consult a lawyer.

B visa is non-immigrant intent visa, by having a pending application for GC, your mother-in-law showed immigrant intent and cannot get any non-immigrant intent visa like B, F, etc. (H visa is a dual-intent visa).

it is close to impossible to get a non-immigrant intent visa with a pending GC application.

Originally posted by dhaya12:

My mother-in-law's (nurse) EB3 is in process which was filed by a company in 2008. USCIS website status shows "we mailed the document to the address we have on file. You should receive the new document within 30 days."

I (H1B visa holder) recently sponsored B1/B2 visa for her and got rejected due to EB3 in-progress. Immigration officer mentioned that he/she cannot approve visiting visa during this process. Here is my question,

1. Is it possible to reapply for B1/B2 visa again?

2. How to cancel EB3 by a candidate without company help? If yes, how long will it take for cancellation and what are the procedure?

3. Are there any other alternatives to visit USA in this situation? Example, any additional forms can be submitted?

4. what are the chances of getting approved?

[Attorney_22]

Generally, it can be difficult to obtain a B visa when a green card petition is in process- however it is not impossible. When applying for the B visa be forthright and document all substantial justifications supporting your intent to return to your home county. This documentation can include employment letters, evidence of property, family/local ties, etc. If you have additional questions please contact a qualified U.S. immigration attorney directly.