H1 visa and entry to U.S. when a spouse has a green card

[sonet]

Hi,
I am new to the discusion board.

How difficult is to get H1 visa when my spouse is already a permanent residence? Would be difficult to enter the country?

I could not apply for a green card when she got her because I had to go back to fullfill 2 year home residency requirement after having J-1 visa.

Thanks a lot for information

[sonet]

Hi,
I am new to the discusion board.

How difficult is to get H1 visa when my spouse is already a permanent residence? Would be difficult to enter the country?

I could not apply for a green card when she got her because I had to go back to fullfill 2 year home residency requirement after having J-1 visa.

Thanks a lot for information

[marmaduk]

H1 is a dual-intent visa. They can't deny granting you one just because your spouse is PR (hence showing intend to immigrate). IMO, the problem would be filing and got one approved before the quotas for this year runs out.

[sonet]

Yes, that I was reading one day about the dual-intent of H-1B on uscis.gov web page.
Hovever, some earlier discussions I found here were that H-1B is still non-immigrant visa and a person applying for one needs to prove that he or she will not immigrate. That what promted me to ask this question. I hope those folks were mistaken.

There is no cap for H-1B visa for university positions as I understand.

Thank you very much for answer.

[marmaduk]

It'll depend on your local consulate/embassy. Just because you have an approved H1-B petition doesn't give a 100% guarantee that the embassy will issue the visa. Majority would approve and grant the visa, but I've heard a case or two where embassy refused to grant the visa (although IIRC, its a L1 visa instead of H1).