Legal Question in Immigration Law in Oregon

Hello,

My spouse is a naturalized US citizen. We got married in India in January. She has filed an I-130 soon after returning to US ( Received NOA1).

I am in India, never been to US. My employer had filed an H1B petition in Apr 2014, and Im due to go for the H1B visa interview in a few days. Am I likely to get a denial because I have already an I-130 under process concurrently?

I did declare my spouses details in DS-160.


Asked on 2/19/15, 7:54 am

3 Answers from Attorneys
Vincent Martin Cundy & Martin, LLC

Your I-130 would not be a basis to deny your H-1B.

Vincent Martin

[email protected]

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Answered on 2/19/15, 8:33 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

H-1Bs can have immigrant intent, so the I-130 should not affect the nonimmigrant visa issuance. Once the I-130 is approved, you can file for adjustment of status (assuming you're in the U.S., in valid H-1B status ). You'll just need to notify the NVC that you won't consular process.

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Answered on 2/19/15, 9:58 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828.Kind regards, RDM

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Answered on 2/24/15, 1:26 pm


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