There is no law that directly addresses that question, however, it is well-known that many consular officers will NOT issue a non-immigrant visa (eg, student, visitor, etc) to a person who has a visa petition pending or approved. On the other hand, there is no law prohibiting it, and I have seen cases where it was issued in this circumstance, but I would not bet on it.
Answered on Feb 12th, 2015 at 7:33 AM