Urgent: Us b1 visa travel

chanakya10 · Post by **chanakya10** » Mon Dec 20, 2010 9:04 am

Hi,

I R2Ied in April, '10 and switched to Consular Processing for GC [was on H1B earlier with I-140 & I-485 approval for GC]. There is an urgent need to travel to US for a customer visit and I have been asked by my employer to apply for a B1 visa. Could this lead to complications for B1 visa approval?

Would other H1Bs who abandoned their GC processing by default while R2Iing face similar problems as well ?

Please advise.

Thanks in advance,

PeterGriffin · Post by **PeterGriffin** » Mon Dec 20, 2010 8:41 pm

chanakya10;356770
I R2Ied in April, '10 and switched to Consular Processing for GC [was on H1B earlier with I-140 & I-485 approval for GC]. There is an urgent need to travel to US for a customer visit and I have been asked by my employer to apply for a B1 visa. Could this lead to complications for B1 visa approval?
[/quote]
Since you have a pending application that shows your intent to be an immigrant, it might be a problem in getting a B1 visa. Do B1 visas require interviews at the consulate office? You may have to talk to a lawyer to get better advise.
chanakya10;356770
Would other H1Bs who abandoned their GC processing by default while R2Iing face similar problems as well ?

H1Bs who have abandoned their GC processing could argue the case as a withdrawal to "stay permanent" in America. I've seen a few of my friends return back to US for short-term assignments after abandoning their GC process but I'm not sure about their new visa classification.
Again, only a lawyer might be able to guide you better.
I just wanted to let you know my take on it.

farfromhome · Post by **farfromhome** » Mon Dec 20, 2010 9:46 pm

chanakya10;356770Hi,

Would other H1Bs who abandoned their GC processing by default while R2Iing face similar problems as well ?

Please advise.

Thanks in advance,

It depends. My brother gave up his GC while R2I. When he went for his B1 stamping (he works for the same company from India now), the Visa Officer granted him a visa till the expiry of his passport . I believe it's done on a case by case basis.

gwldaddu · Post by **gwldaddu** » Mon Dec 20, 2010 10:17 pm

OP,

You have not abandoned your GC. right?

You have only switched from AOS to CP. Right?

chanakya10 · Post by **chanakya10** » Wed Dec 22, 2010 8:29 am

gwldaddu;356846OP,

You have not abandoned your GC. right?

You have only switched from AOS to CP. Right?

Correct.

gwldaddu · Post by **gwldaddu** » Wed Dec 22, 2010 9:29 pm

chanakya10;357223
gwldaddu;356846OP,

You have not abandoned your GC. right?

You have only switched from AOS to CP. Right?

Correct.

So, then, why are you linking your situation with a person who has abandoned GC process?

chanakya10;356770Hi,

Would other H1Bs who abandoned their GC processing by default while R2Iing face similar problems as well ?

LotsOfRokda · Post by **LotsOfRokda** » Wed Dec 22, 2010 9:39 pm

I would assume you need only AP to travel...why visa?unless you moved without current AP

gwldaddu;357318So, then, why are you linking your situation with a person who has abandoned GC process?

gwldaddu · Post by **gwldaddu** » Wed Dec 22, 2010 9:45 pm

LotsOfRokda;357322I would assume you need only AP to travel...why visa?unless you moved without current AP

Actually AP is for a person who is under 485/AOS.

OP is going for consular processing. There is no AP in that case. Even if had one before he left USA, that would be void now.

He needs a visa.

The question he has is what are the chances of approval/rejection of his B1 (non immigrant) visa with the fact that a GC (immigrant visa) is pending.