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This. The dude has no idea what they are talking about. It's amazing even on HN people are openly giving their opinions while being completely uninformed of th

by fg137 20d ago

This. The dude has no idea what they are talking about. It's amazing even on HN people are openly giving their opinions while being completely uninformed of the facts. Imagine the discussions elsewhere.

3838484949 20d ago
[flagged]
- cindyllm 20d ago
  [dead]
itake 20d ago
I’m informed on this topic… Can you correct the mistake? If I show up in China (or the USA) on a tourist visa with the plans to pursue a marriage and permanent residency, does that mean I get to backdate my permanent residency to the tourist visa because I’m able to pursue a marriage (PR)?
- afavour 20d ago
  I don’t understand the relevance. No one is using a tourist visa in this scenario and a tourist visa definitely isn’t dual intent in the way an H1B is.
  - itake 20d ago
    The "dual intent" permits seeking permanent residence, while seeking permanent residence on a tourist visa is not allowed, under most conditions. "dual intent" doesn't backdate permanent residency once you're started to seek.
    - yesb 20d ago
      Not sure what you're trying to say regarding back-dating. I think what you're missing is that long term holders of H1Bs universally have an approved PR or at least a pending one. That's the basis for extending it past the usual temporary limit. They need to stay on the work visa (with its limitations) until the immigrant visa becomes available (different from approval). >seeking permanent residence on a tourist visa is not allowed, under most conditions. In the US, it's allowed under your stated conditions. Immediate relatives of US citizens can generally adjust status to PR from any status (including tourist visa/visa waiver) or no status. Although if your underlying status expires you could be temporarily detained on a discretionary basis. That said, it's better to pursue a K1 if you plan to get married shortly after arriving. It's very unlikely you will be granted a tourist visa if you tell the truth in the interview that you're engaged to someone in the US with immediate plans to marry.
- tk781 20d ago
  https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Empl.pdf https://www.uscis.gov/sites/default/files/document/foia/Noni... Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.? Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
- stanleykm 20d ago
  an h1b isnt a tourist visa what is wrong with you people
buellerbueller 20d ago
People on HN are not a special elect subset of the population, except perhaps around specific HN-adjacent topics (engineering, VC, computer science, maths, etc.) Why would you think a random person on HN is less prone to talking out of their ass than a random person in the CS/engineering/VC world? Than a random person selected from the population of the world?
- bubblethink 20d ago
  I think, at least historically, the crowd here has been heavily based in the bay area and the odds that they've worked in tech alongside other people on visas would be high. So it would lead one to believe that people have at least some understanding of how things work. I say historically because like most social networks, this site has also expanded to become more of an x.com or reddit style global venue, so that in-group assumption isn't true anymore.
- fg137 19d ago
  A random person on HN is more likely to be or personally know someone who is on H1B and familiar with the circumstances, compared to, let's say, someone in astronautical engineering. Or let me put it in plain English: an HN reader is more likely to have a Chinese/Indian friend/colleague on H1B, and if they ever discussed anything outside work, chances are that these topics come up, and they get exposed to more information in the area. If you are actually interested in immigration topics, you'd probably learn a few facts there. At least between people on visa, these topics get discussed all the time. I understand that not everyone is based in US, they may not be in such a situation, or their conversations never reach these topics. But I would think they'd shut up instead of giving their opinions. That's called basic courtesy.

by fg137 20d ago

3838484949 20d ago

[flagged]

cindyllm 20d ago
[dead]

itake 20d ago

I’m informed on this topic… Can you correct the mistake? If I show up in China (or the USA) on a tourist visa with the plans to pursue a marriage and permanent residency, does that mean I get to backdate my permanent residency to the tourist visa because I’m able to pursue a marriage (PR)?

afavour 20d ago
I don’t understand the relevance. No one is using a tourist visa in this scenario and a tourist visa definitely isn’t dual intent in the way an H1B is.
- itake 20d ago
  The "dual intent" permits seeking permanent residence, while seeking permanent residence on a tourist visa is not allowed, under most conditions. "dual intent" doesn't backdate permanent residency once you're started to seek.
  - yesb 20d ago
    Not sure what you're trying to say regarding back-dating. I think what you're missing is that long term holders of H1Bs universally have an approved PR or at least a pending one. That's the basis for extending it past the usual temporary limit. They need to stay on the work visa (with its limitations) until the immigrant visa becomes available (different from approval). >seeking permanent residence on a tourist visa is not allowed, under most conditions. In the US, it's allowed under your stated conditions. Immediate relatives of US citizens can generally adjust status to PR from any status (including tourist visa/visa waiver) or no status. Although if your underlying status expires you could be temporarily detained on a discretionary basis. That said, it's better to pursue a K1 if you plan to get married shortly after arriving. It's very unlikely you will be granted a tourist visa if you tell the truth in the interview that you're engaged to someone in the US with immediate plans to marry.
tk781 20d ago
https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Empl.pdf https://www.uscis.gov/sites/default/files/document/foia/Noni... Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.? Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
stanleykm 20d ago
an h1b isnt a tourist visa what is wrong with you people

buellerbueller 20d ago

People on HN are not a special elect subset of the population, except perhaps around specific HN-adjacent topics (engineering, VC, computer science, maths, etc.) Why would you think a random person on HN is less prone to talking out of their ass than a random person in the CS/engineering/VC world? Than a random person selected from the population of the world?

bubblethink 20d ago
I think, at least historically, the crowd here has been heavily based in the bay area and the odds that they've worked in tech alongside other people on visas would be high. So it would lead one to believe that people have at least some understanding of how things work. I say historically because like most social networks, this site has also expanded to become more of an x.com or reddit style global venue, so that in-group assumption isn't true anymore.
fg137 19d ago
A random person on HN is more likely to be or personally know someone who is on H1B and familiar with the circumstances, compared to, let's say, someone in astronautical engineering. Or let me put it in plain English: an HN reader is more likely to have a Chinese/Indian friend/colleague on H1B, and if they ever discussed anything outside work, chances are that these topics come up, and they get exposed to more information in the area. If you are actually interested in immigration topics, you'd probably learn a few facts there. At least between people on visa, these topics get discussed all the time. I understand that not everyone is based in US, they may not be in such a situation, or their conversations never reach these topics. But I would think they'd shut up instead of giving their opinions. That's called basic courtesy.