H1B Stamping - Married to an American Citizen
Hello!
Thanks in advance for your help:
Im in US and I have an approved H1B with change of status. I was on F1 and later had OPT but my visa in passport had expired, although I was always in status. I got married recently to an American citizen and we are planning to travel to India on the 25th for our wedding ceremony. I do not want to apply for an advance parole as it might take longer than 2 month for the advance parole to get approved. I want to get the new H1B visa stamped in my passport but I am afraid that the consulate/point of entry will deny entry because I am married to a citizen and will try to stay in the US and immigrate. I do not want to get stuck and lose my job because of the “change of intent”.
Any advice to be very much appreciated! Thank you!
H1 visa has "dual intent" meaning you can immigrate. You should have no problems getting it stamped.
H1B allows immigrant intent, so they wont deny the stamping on the basis of you having immigrant intent.
They may deny you an H-1B visa for other reasons, but they will not deny your visa just because you are married to a US citizen.
I am afraid that the consulate/point of entry will deny entry because I am married to a citizen