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by 0xy1 days ago |
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upvoteby throwaway_620221 days ago|
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No the memo specifically says:

> However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.

Which basically means that, applying AOS while being in dual-intent category is not favorable and you will have to prove extraordinary circumstance for a simple i-485 AOS on H1B. Lacking the extraordinary circumstance, your application may be denied.

What this basically means for millions of people on H1B (especially from countries like India is), they have to go for consular processing. And given the lack of appointments in India and delays they are facing - you could be stuck for months to years and no company is going to wait for you while you go through the process. So leaving would definitely disqualify them.

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upvoteby 0xy1 days ago|
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Why should H1Bs be exempt from consular processing when nobody else is? K and IR/CR categories MUST do consular processing, which takes 3 years in some cases.

H1Bs should jump the queue why? You're arguing that the family of US Citizens should be considered behind temporary immigrant workers with no family ties to the United States, and you should be exempt from the requirements they face.

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upvoteby throwaway_6202217 hours ago|
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You are moving the goal posts. You said this memo does not apply to dual intent visa holders and I proved it does. I am not saying if an exception should be made ffor H1B visa holders or not.

I am just pointing out this affects all employment visa types.for countries with long delays in counselor processing this effectively kills any chance of getting Green card because no employer will wait that long.

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