EB1EA approved while abroad - How to re-enter USA


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Dear All,

It has been a great help that all the members of this forum provided me during EB1EA application. My petition was approved after I returned to India. Now I am getting a faculty position offers from US Universities. I really appreciate the members if you can provide your advice on the following:

1. I may need to visit some universities for personal discussions. Can I apply for normal visitor visa for this purpose?

2. Can I ask the Universities to process my H1B for this job and later file I-485 after joining?

3. What is the probability of getting either visitor or H1B visa after getting EB1-EA approval? What are the issues to consider?

Please post your suggestions/views/advice. As always your comments helps a lot.

I eagerly look forward for your comments.

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It is possible in some cases to use a visitor's visa to visit universities, if you can convince the consulate and the CBP that you will return to your home country as soon as the purpose of your visit is over and no later than the expiration of the I-94 given to you. However, having an approved I-140 immigrant petition may make it more difficult to prove that you do not have "immigrant intent" (intent to remain in the US permanently). Mere I-140 approval does not necessarily imply immigrant intent, but in my estimation it's not worth trying unless you are very well prepared AND are willing to accept that you might arrive in the US and be turned around by CBP. It would be helpful to discuss the particulars of your situation with a qualified immigration attorney to help decide if this is a good choice for you.

Certainly a future employer can file an H-1B for you. Once you enter the US on H-1B, if your I-140 priority date is current, you can file the I-485.

If you enter on B-1/B-2 and then file I-485, there may be questions as to whether your B-1/B-2 entry was proper. This becomes less of a problem if sufficient time has lapsed since your entry, depending on the sequence of events once you arrive in the US.

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Many thanks for your valuable comments. My plan is to get B1/B2 only for personal discussions in US not to stay back. I am more concerned about getting B1/B2 visa at the consulate and then entry at CBP as you rightly pointed (I completely forgot about this. Thanks for bringing this up). Once I overcome these I am sure about other stages.

Once successful I will ask the university to process my H1B and then go for I-485 as my PD is current (EB1-EA). Could you please opine on O1 in place of H1B, as my EB1-EA has been approved.

Thanks again for your time and comments.

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