US Travel on H1B visa while waiting for immigration Interview @Mumbai_Consulate India

[Gulshan Nath 0]

Hello everyone, I am married to a US citizen and  I filed my 1-130 in Jan-2022, and cleared all the hurdles of the immigration process (DQ'd on 19th august 2023) and currently I am waiting for NVC to schedule the interview at Mumbai Consulate India. Parallelly I had applied for my H1B Visa which luckily got approved and stamped on 25th July. Now my H1B job will be starting from 1st October 2023. So I want to know can I Travel to US on H1B visa while waiting for my Immigrant Visa Interview to be scheduled by NVC? Does My travel to US on H1B visa will impact my immigrant Visa process.? Please Guide and Help !!

[Chancy 6,243]

2 hours ago, Gulshan Nath said:

can I Travel to US on H1B visa while waiting for my Immigrant Visa Interview to be scheduled by NVC? Does My travel to US on H1B visa will impact my immigrant Visa process.?

 

No problem traveling to and from the US on H1B during your spouse visa process.  Remember that H1B is a dual-intent visa, which means it's fine for you to seek immigrant status while on H1B.  It's even an option for you to show up at the border with your H1B and declare to CBP that you will apply to adjust status during your stay.  Of course, it's also fine if you prefer to return to India to complete your spouse visa process instead.

 

Here's what the Department of State's manual says about H1B's dual-intent nature -- https://fam.state.gov/fam/09FAM/09FAM040210.html#M402_10_10_A

"[...] INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status.  The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of their authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status.  Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent."

 

[Gulshan Nath 0]

Okay sounds great. I have one more question- in my NVCdocument qualification notice it has been mention that I can’t leave India before my interview. That was my main concern that if I travel after this official notice will that impact my I-130 case?

4 hours ago, Chancy said:

 

No problem traveling to and from the US on H1B during your spouse visa process.  Remember that H1B is a dual-intent visa, which means it's fine for you to seek immigrant status while on H1B.  It's even an option for you to show up at the border with your H1B and declare to CBP that you will apply to adjust status during your stay.  Of course, it's also fine if you prefer to return to India to complete your spouse visa process instead.

 

Here's what the Department of State's manual says about H1B's dual-intent nature -- https://fam.state.gov/fam/09FAM/09FAM040210.html#M402_10_10_A

"[...] INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status.  The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of their authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status.  Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent."

 

 

[Gulshan Nath 0]

1 hour ago, Gulshan Nath said:

 

 

 

1 hour ago, Gulshan Nath said:

Okay sounds great. I have one more question- in my NVCdocument qualification notice it has been mention that I can’t leave India before my interview. That was my main concern that if I travel after this official notice will that impact my I-130 case?

 

 

Edited September 1, 2023 by Gulshan Nath