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BulgarianGuy92

Is it possible to Travel to work to USA on H2B visa while waiting for my PD to become current

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BulgarianGuy92 Rookie

BulgarianGuy92   1

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Filed: EB-3 Visa Country: Bulgaria
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 Hello

 I have been DQ-ed from NVC and i have to wait to get scheduled for interview at the US embassy in Sofia, Bulgaria for  EB3 visa

 My PD is June 2022 .and at the moment the visa bulletin is at October 2020.

 

 Can i apply for h2b visa to work in USA?

 Does anyone have been thru this process and traveled to work/visit USA?

What happens if i get denied H2B visa or entry to USA by a immigrational officer at the airport? Does this mean i am going to loose my eb3 visa ?

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appleblossom
appleblossom

That means you shouldn't count on your immigrant visa being granted i.e. you shouldn't book a flight to the US until you actually have your visa in hand.    You can certainly try for the H2B

Boiler
Boiler

Do you mean Lawyer not Agency, your Employer pays the costs so this seems very odd. And even then legal fees should be less than 13k

appleblossom
appleblossom

H2B isn't dual intent, so you'd have to prove you don't intent to immigrate when you apply for one - rather tricky with an immigrant visa in the works! https://www.nolo.com/legal-encyclopedia/what-are

appleblossom Proficient

appleblossom   1,307

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54 minutes ago, BulgarianGuy92 said:

 Hello

 I have been DQ-ed from NVC and i have to wait to get scheduled for interview at the US embassy in Sofia, Bulgaria for  EB3 visa

 My PD is June 2022 .and at the moment the visa bulletin is at October 2020.

 

 Can i apply for h2b visa to work in USA?

 Does anyone have been thru this process and traveled to work/visit USA?

What happens if i get denied H2B visa or entry to USA by a immigrational officer at the airport? Does this mean i am going to loose my eb3 visa ?

 

H2B isn't dual intent, so you'd have to prove you don't intent to immigrate when you apply for one - rather tricky with an immigrant visa in the works! https://www.nolo.com/legal-encyclopedia/what-are-dual-intent-visas.html

 

But your PD is current - or are you 'Other Workers'??

 

 

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BulgarianGuy92 Rookie

BulgarianGuy92   1

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5 minutes ago, appleblossom said:

 

H2B isn't dual intent, so you'd have to prove you don't intent to immigrate when you apply for one - rather tricky with an immigrant visa in the works! https://www.nolo.com/legal-encyclopedia/what-are-dual-intent-visas.html

 

But your PD is current - or are you 'Other Workers'??

 

 

yes , i am eb3 other workers .  I have been coming ang going for work in USA since 2014 

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Boiler Grand Master

Boiler   43,445

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You can certainly try

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,445

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I do not see why it would impact the EB3

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,445

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51 minutes ago, BulgarianGuy92 said:

 i got that email from NVC that says my documents are received and approved and it also says that i shouldn't quit my job, sell my property or make travel plans...   

That is the normal verbiage

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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appleblossom Proficient

appleblossom   1,307

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7 hours ago, BulgarianGuy92 said:

 i got that email from NVC that says my documents are received and approved and it also says that i shouldn't quit my job, sell my property or make travel plans...   

 

That means you shouldn't count on your immigrant visa being granted i.e. you shouldn't book a flight to the US until you actually have your visa in hand. 

 

You can certainly try for the H2B, but as above it's not dual intent, so you'll need to be prepared to show you will return to your home country once it ends.

 

Good luck.

 

 

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BulgarianGuy92 Rookie

BulgarianGuy92   1

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1 hour ago, appleblossom said:

 

That means you shouldn't count on your immigrant visa being granted i.e. you shouldn't book a flight to the US until you actually have your visa in hand. 

 

You can certainly try for the H2B, but as above it's not dual intent, so you'll need to be prepared to show you will return to your home country once it ends.

 

Good luck.

 

 

what is the best way to show that i am going to return after i finish my contract ?

 I have a long history of traveling to USA, i haven't overstayed my visa . 

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Boiler Grand Master

Boiler   43,445

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47 minutes ago, BulgarianGuy92 said:

what is the best way to show that i am going to return after i finish my contract ?

 I have a long history of traveling to USA, i haven't overstayed my visa . 

You have been through the interview before, the same way you did previously

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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BulgarianGuy92 Rookie

BulgarianGuy92   1

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2 hours ago, Boiler said:

You have been through the interview before, the same way you did previously

 Honestly , for almost 10 years  getting J1 and h2b visas... i never had to prove that i will return. most of the time the consulate officer asked me about my employer, how much i am gonna get paid and from where i know about this job.

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randomstairs Community Regular

randomstairs   270

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4 hours ago, BulgarianGuy92 said:

what is the best way to show that i am going to return after i finish my contract ?

 I have a long history of traveling to USA, i haven't overstayed my visa . 

But were you traveling to the US on H2Bs while your EB3 had been pending? From your posts so far I can infer that that wasn't the case. The fact that you have applied for the immigrant visa will make it difficult to show that you plan to return. But, you can explain the circumstances, as you did here, to the consular officer, together with demonstrating strong ties to a non-US country, and see what happens. Your EB3 should not be affected by this. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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BulgarianGuy92 Rookie

BulgarianGuy92   1

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21 minutes ago, randomstairs said:

But were you traveling to the US on H2Bs while your EB3 had been pending? From your posts so far I can infer that that wasn't the case. The fact that you have applied for the immigrant visa will make it difficult to show that you plan to return. But, you can explain the circumstances, as you did here, to the consular officer, together with demonstrating strong ties to a non-US country, and see what happens. Your EB3 should not be affected by this. 

i was working on H2B from January until April 2023 and in march 2023 i got my LC approved. that was my only time i worked in USA while doing the eb3 process.  so what kind of documents should i provide ...like bank statement ,car registration, notary certificate  for property.... 

 i  don't have intension to stay illegal in USA after spending so much time and money on this process . It's just the backlog of the visa bulletin that bothers me ...do i have to wait 2 more years for the interview ... PD June 2022 , and now NVC is sending cases to embassies from OCT 2020 .i also know a woman who's got a PD in August 2020 and still haven't got scheduled for interview in her country

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Boiler Grand Master

Boiler   43,445

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Most unusual for Documents to be looked at and how do they show strong ties when you have an immigrant visa in process?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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