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Is there a way to cancel Spouse visa in the middle and apply for H1B visa instead?

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  • Is there a way to cancel Spouse visa in the middle and apply for H1B visa instead?

    I am a US citizen and my husband lives in India right now.
    We applied for a spouse visa for him to come here.
    But recently he got a job offer from an employer here and they have an immediate position available for him. And they are ready to offer him H1B visa.
    But the thing is that it's just been 3 months for spouse visa process and it will take 5-6 months to finish the process.
    Can we cancel this spouse visa and convert it into H1B visa? Is there any procedure like that?
    I want him to be here in the US as soon as possible.

  • #2
    I assume your filed I-130 and other consular processing forms for him. There is no need to cancel that. H1 Visa allows for immigrant intent and he can answer questions regarding immigrant visa application truthfully.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      I assume your filed I-130 and other consular processing forms for him. There is no need to cancel that. H1 Visa allows for immigrant intent and he can answer questions regarding immigrant visa application truthfully.
      What's an immigrant intent? Can you please elaborate on it? I have very limited knowledge on this.
      And yes we did file an I-130 in June 2011 and we still haven't got any response back till then.
      Last edited by ndshah; 09-30-2011, 02:03 AM.

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      • #4
        That just means that a person who has immigrant petition (I-130) filed for them can still apply for H1 Visa. They cannot apply for student or visitor Visas though, because they have shown intentions to immigrate permanently to the US. Both are separate processes and one does not need to stop I-130 in order to apply for H1 Visa.
        This is my opinion and not legal advice.

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