QUESTION
Does my H1b visa gets cancelled if I go for F4 green card visa and the green card visa is denied?
Asked on Aug 06th, 2015 on Immigration - Michigan
More details to this question:
My Aunt sponsored F4 file for my father, mother, myself and my brother. My mom and dad got the visa in their interview but my brother and i were not offered interview because we were above 21 years of age. However visa officer gave my parents interview letter for both of us as per CSPA. My brother (on f1 student visa) and I (H1B visa) are already in USA. Now if i go back to get the green card visa and if they don't give me the visa would they cancel my h1b also? I am 27 years unmarried. The embassy would have done the research about my marital status with the neighbors and they misunderstood and could have informed that i am married. There is absolutely no paper work to prove that i am married.
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
The H1b visa has "dual intent". This means you can have the temporary intent to resume work for your employer and have permanent intent to want to stay in the US as a Resident/green card. Thus, they should not cancel your H1b. Since you are single, it should be fine. You may want to do your own search of marital records in your city and provide proof that you are not married if they ask about that. This of course, will depend on where you live. Good Luck!
Answered on Aug 07th, 2015 at 12:24 PM