Wife's H1B stamping when my I-140 is approved

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03-13-2013, 03:12 PM
gsubosw

Wife's H1B stamping when my I-140 is approved

I am on H1B. My I-140 was approved last month in EB2. My wife moved from F1 OPT to H1B in Oct 2012. We are planning to her Visa stamped in Canada.
Our question is
If she is asked by the Visa officer whether she wants to immigrate to USA what she should reply.
If she replies "Yes" her Visa will be rejected as she is seeking to get a non-immigrant visa stamped.
If she says "No" and if the Visa officer asks about my status she has to tell the truth.
We are not sure how to respond to such situation. Please advise.
03-13-2013, 04:07 PM
dorais

H1B visa has "Dual Intent". If you wife is going for H1b stamping that question should not be asked. If asked, "Yes" should be the answer as that is her intent and the law allows that.

From google search:
http://www.murthy.com/2013/01/21/mur...-questions-25/

Quote:

Originally Posted by gsubosw

I am on H1B. My I-140 was approved last month in EB2. My wife moved from F1 OPT to H1B in Oct 2012. We are planning to her Visa stamped in Canada.
Our question is
If she is asked by the Visa officer whether she wants to immigrate to USA what she should reply.
If she replies "Yes" her Visa will be rejected as she is seeking to get a non-immigrant visa stamped.
If she says "No" and if the Visa officer asks about my status she has to tell the truth.
We are not sure how to respond to such situation. Please advise.
03-13-2013, 04:36 PM
qesehmk

dorais is right. H1B is indeed dual intent. So if I were you - I would say "May be".

However the key thing here is - why does your wife need to leave US at all? She can move from F1 to H1 without leaving US by simply adjustment of status (just like 485 but in different way!). Ask any lawyer and he/she will help you.

Quote:

Originally Posted by gsubosw

I am on H1B. My I-140 was approved last month in EB2. My wife moved from F1 OPT to H1B in Oct 2012. We are planning to her Visa stamped in Canada.
Our question is
If she is asked by the Visa officer whether she wants to immigrate to USA what she should reply.
If she replies "Yes" her Visa will be rejected as she is seeking to get a non-immigrant visa stamped.
If she says "No" and if the Visa officer asks about my status she has to tell the truth.
We are not sure how to respond to such situation. Please advise.