question about GC processing from visa officer

[sainathdk]

Hi,

I am going to go to India shortly on vacation and part of the experience will be getting my H1B visa stamped.

I am in the 7th year with an approved extension for 1 year. Also my I-140 has been approved.

Now, if the visa officers asks me why I have filed for GC (rather my employer has filed) and do I plan to return to India or not, what is the appropriate response?

I have been through multiple stampings before with no issues but this time the I-140 is a new situation.

Thanks for the time and help

Regards,

Sainath

[Attorney_25]

H-1B is a dual intent status which means the consulate does not care if you are in the GC process as legally your intent to stay in the US has no effect on the H-1B visa application. This is different from statuses such as F-1 or B-1/B-2.

[sainathdk]

dont expect the VO to ask "Why have you applied for GC"? H1B is a dual intent immigration...so its perfectly fine for your employer to apply for your GC.

H-1B is a dual intent status which means the consulate does not care if you are in the GC process as legally your intent to stay in the US has no effect on the H-1B visa application. This is different from statuses such as F-1 or B-1/B-2.

Thank you both for your quick responses. Appreciate the guidance.