Divorced, worried and trying for H1B

[wanderson]

I originally came to the US from Ireland on a J1 with no HRR and within a year fell inlove with an Americam. We married..unfortunately things did not work out like we
anticipated, and after 6 mths a divorce was evident. I had
my EAD, but never got as far as the Greencard Interview. I was advised to have my petition withdrawn and perhaps apply for an H1b. This I did, but I had to leave the country since I had no status, and did not want to be unlawfull in presense. I miserably returned home leaving all my belongings in the US. My fear now is that since the marriage did not work, that INS or indeed the consulate will still immigrant intent. I am applying for a H1 which I believe is non-immigrant. Has anyone been in this sort of situation? Can anyone advise?

[Gabejack]

If the H-1B is a genuine case and you've withdrawn your Immigrant petition, you shouldn't have any problems. The H-1B, in any case, is a Non-Immigrant Visa that has a "Dual Intent" stipulation, (Meaning you can have it while simulataneously having the intent to immigrate). This means that there shouldn't be any question at the consulate regarding your intent to return to Ireland. This is primarily a concern for people applying for Vistor B-2 Visas. They want to be sure that you are not attempting to immigrate to the U.S. on a Visitor Visa.

If, by chance, they do happen to ask you whether you intend to permanently immigrate to the U.S., tell them your story. Since your divorce, you have no intention to immigrate at the present time. But that perhaps if this job works out and they want to keep you permanently, you may decide to do so.

[wanderson]

Thanks for your help Gabejack.