Risks of Traveling to India on H1B Visa with Previous Green Card Application History

[amox]

TL;DR: Concerned about the risk of my H1B visa being denied during stamping in India due to my previous Green Card application history and my parents still living in the US.

I switched from F1 OPT visa to an H1B visa sponsored by my company. Here is a timeline of my immigration status:

• Came to the US on an H4 visa as a dependent of my H1B parent.
• Parent applied for a Green Card, which included me in the application (they still have not received it).
• I would have aged out at 21, so I switched to an F1 visa through Adjustment of Status (did not leave the country).
• Finished my undergraduate degree and did a full-time job on OPT.
• Employer sponsored my H1B.

I want to travel to India, but I will need to schedule a visa stamping appointment at a US consulate in India. I need the visa stamp in my passport in order to re-enter the US. Is there a higher chance of my visa being denied at the consulate due to my name being on a previous permanent residency application and my parents still living in the US? Any insights or advice would be appreciated

[pontevecchio]

The H1 visa and status are considered "DUAL INTENT" under US Law and they allow for Immigrant Intent. So the GC application will have no bearing on your H1 visa approval.

[amox]

Could there also be a high risk of getting denied since my parents live in the US? Would this be considered as no home ties to my country?

[Attorney_15]

The dual intent doctrine says that you can have the intention to immigrate and not-immigrate (as required for a visa like F-1). How does this work with an H1B Visa? The dual intent doctrine applies specifically to the H1B/H4 Visa categories specifically so that someone who has been sponsored for a Green Card or has family living in the US can still qualify for the H1B/H4 Visa. A failure to show home countries is - because of the dual intent doctrine - generally not going to be a valid reason to refuse an H1B/H4 Visa.