H1B - The 214(g) Issue (Intending Immigrant Provision)

[Adeel]

What is the name of your state?NJ
HI,
I got H1 Approval from my employer and now applying for the visa stamping at consulate. My parents are in USA (US Citizenz/LPR) and a pending immigration petition has been filled by my FATHER for me. I am confused with the statements found on many immigration sites regarding non-immigrant visas:

"Non-immigrant visa applicants in almost all categories must demonstrate to the Consular Officer’s satisfaction that they have strong ties to a permanent residence outside of the U.S. which would compel them to leave the U.S. upon the completion of their authorized stay."

In present situation it seems clearly that i am an intending immigrant..as i have pending immigration petition.. So what does it make effect on my consulate interview ? can give me refusal under 214(g) in this situation, even H1 is supposed to be for dual immigration iintent?
Kindly advise me how to tackle the situation.

Thanks in Adveance!

Adeel

 

[ImmigAttyLana]

H-1B is a dual intent visa so you should not be refused the visa solely on the fact that you have a pending immigrant visa petition. This does not mean that the issuance of the H-1B visa is guaranteed as it may be denied on other bases, but without knowing more specifics about your case, it is not possible to comment on that.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.