PD current H1B based on approved I-140

[script]

Hi

My PD is current through Co. A and i am in India since one year and working for co. B and Co. B would like to file my H1B.

1) Is it possible file H1B based on approved I-140 when the PD is current

2) Are there any changes of denying my h1B based on Potential immigrant? because of possiblity that i will file for AOS when i am in US?

3) Recently My B2 visa got cancelled after granting the visa based on the 2nd interview stating 'potential immigrant'.

Please advice.

[imperial05]

Hi

My PD is current through Co. A and i am in India since one year and working for co. B and Co. B would like to file my H1B.

1) Is it possible file H1B based on approved I-140 when the PD is current

U DONT NEED A APPROVED I 140 FOR APPLYING FOR H1B. ALSO IF U R GOING TO CONTINUE TO WORK IN INDIA FOR A US BASED COMPANY I DONT SEE A REASON HOW THEY CAN JUSTIFY APPLYING FOR H1B, UNLESS THEY ARE OFFERING U A TRANSFER TO THE US AND BASED ON THAT THEY R FILING FOR H1B.

2) Are there any changes of denying my h1B based on Potential immigrant? because of possiblity that i will file for AOS when i am in US?

WELL IF YR 140 WAS APPROVED FROM COMPANANY A AND NOW THE PD ARE CURRENT BUT U R WORKING FOR COM.B, THEN B NEEDS TO FILE FOR 140 SEPARATELY AND ONLY THEN U CAN FILE FOR AOS, CANNOT USE 140 FROM A TO DO SO.

3) Recently My B2 visa got cancelled after granting the visa based on the 2nd interview stating 'potential immigrant'.

B2 DENIALS VARY, THERES NO REAL EXPLAINATION. PEOPLE WHO HAVE GC FILES PENDING GET B2 AND PEOPLE WITH NO US CONNECTION AND NO CHANCES OF POTENTIALLY IMMIGRATING GET DENIED, SO YR STATUS SHOULD NOT MATTER FOR THE B2, ITS MORE A CHANCE, THAN LOGIC.

Please advice.

[pontevecchio]

1. One year extensions may be possible.

2. H1 is dual intent.

3. Obviously.

Can you come and work for A say for an year along with filing AOS?

[Attorney_24]

Generally, assuming that the I-140 has not been revoked, a person may be eligible for 3 year extension of H-1B status beyond the six year term if the I-140 has been approved. However if the priority date is current, they would be eligible only for 1 year extension. To qualify for this, a person need not necessarily be in H-1B status. Generally, the H-1B category enjoys dual intent. Please consult with an immigration attorney to discuss specific facts relating to your case and to determine the different options that may be available.

[script]

1. One year extensions may be possible.

2. H1 is dual intent.

3. Obviously.

Can you come and work for A say for an year along with filing AOS?

Yes i can work for A. Both Co. A and Co. B gave an offer and are willing to file H1B. Please suggest thorugh which Co. there are more chances of getting H1B visa