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    Hi, I have a pending petition for green card visa thru employment filed in October right now I am in a different foreign country about to finish my contract in 3 months and I have a B1 B2 visa my question is , is it ok for me to use that visa and apply for change of status while waiting or is it wiser for me to go home to my country and wait there?I don't want to enter into a new contract where I am now.Thank you in advance.

  • #2
    Hi, I have a pending petition for green card visa thru employment filed in October right now I am in a different foreign country about to finish my contract in 3 months and I have a B1 B2 visa my question is , is it ok for me to use that visa and apply for change of status while waiting or is it wiser for me to go home to my country and wait there?I don't want to enter into a new contract where I am now.Thank you in advance.

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    • #3
      I don't know what petition have been submitted, but you clearly have an intent to immigrate to the U.S. You can not enter the U.S. as non-immigrant on a B1/B2 even though you have a valid visa. What SHOULD happen is they will ask you at the POE if you intend on immigrating at which point you will answer yes and they will then tell you that you can only enter on parole.

      What may happen is that they will not ask this question and let you in. Problem is that this entry will result in a new I-94 number which may very well in turn void your petition.

      You can enter on an H-1B visa and I beleive an L-1 visa as these allow for "dual intent" meaning you can have an intent to immigrate despite the fact they are non immigrant visas. Entering on these statuses will not affect your green card petiton.

      OR you can wait and have the green card finished via consular processing.

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      • #4
        Does it mean I can't enter the States even with the intent of leaving while my petition is being processed? I haven't been issued a visa number yet.And if I decide to go home to my country from where I am now I would have to transit in New York using my B1B2 visa as well.

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        • #5
          That I am not sure about, but I am pretty sure you can transit through an airport in the U.S. without incurring a problem. I know someone who did the same thing through Amsterdam.

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