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Could Visa officer can reject my H1B VISA based on my immigration intention.

Houston, TX |

I had applied MAVNI program in Army recruiter, but I decided not to go army and didn't sign the contract after a deep consideration. But I did all pre-processing in army MPES, Technically, DHS knows that since army verified my immigrant status from DHS. I know my recruiter really want me join army so he did a little trick to tell me I would be reject H1B visa next time I left and reentry US since DHS have marked my I-94 shows I have intent to immigrate to US. Although I commit that I intent to. Does US embassy visa officer and DHS know and reject my H1B Visa because I did intent to join US army but choose not to go. It really scare me. I heard H1B is dual intent VISA, I can show inention to immigrate. is it right?

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Attorney answers 3


This is a non-issue as the H-1B status and visa allow one to harbor a "dual intent."

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


To avoid further legally incorrect confusion and general mental havoc please seek any clarifications of your present immigration issues with the counsel of record.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


You are correct; h1b is a dual intent visa. Either you received incorrect information or you are confused as to what you were told. If you want peace of mind, obtain a private consultation with an immigration attorney.

Angelique Montes, Esq., Immigration Attorney of Montes Law Firm, PLLC in Houston, Texas. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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