Can they deny H1B if you have a pending immigrant visa petition?


alwayshungry

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I came to the US on F1 visa in 2006. I graduated in 2010 and was hired as an intern while I used my OPT. They brought me over as a consultant and sponsored for my H1B. (Since my F1 visa, I have not applied for a visa stamp on my passport.) The problem with my company is that the client renews our contract annually so my I-94 is valid only for a year (end of september 2014). We have been renewing this every year for two years now.

 

While this was all happening, my mother filed for an immigrant petition and I am classified as F2A for that process. The wait time is 7 more years since I come from the Philippines and they have a huge backlog.

 

I am planning on going to Canada to get my H1B visa stamped for the first time. Given my situation, is it a big possibility that the consulate denies my visa? I have all my paperwork ready, but I would not dare to leave US if I have a higher chance of not being able to come back.

 

I'm hoping somebody in this forum is familiar with this situation. Please advise...

 

THANK YOU

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I came to the US on F1 visa in 2006. I graduated in 2010 and was hired as an intern while I used my OPT. They brought me over as a consultant and sponsored for my H1B. (Since my F1 visa, I have not applied for a visa stamp on my passport.) The problem with my company is that the client renews our contract annually so my I-94 is valid only for a year (end of september 2014). We have been renewing this every year for two years now.

 

While this was all happening, my mother filed for an immigrant petition and I am classified as F2A for that process. The wait time is 7 more years since I come from the Philippines and they have a huge backlog.

 

I am planning on going to Canada to get my H1B visa stamped for the first time. Given my situation, is it a big possibility that the consulate denies my visa? I have all my paperwork ready, but I would not dare to leave US if I have a higher chance of not being able to come back.

 

I'm hoping somebody in this forum is familiar with this situation. Please advise...

 

THANK YOU

H1B is dual intent and so filing an immigration petition on your behalf has no effect on its outcome.

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