Quote:
Originally Posted by lalaland45
I don’t remember what the logic/ reasoning was for my employer’s law office but they insisted on filing the H1B and I let them do it. My mother has a GC and I am married to a USC. They felt it was better to have a backup. I never used it though. . I would trust your knowledge on this question.
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Technically once the waiver is approved you the bar goes poof and you are free to immigrate however, but the thing about I-601A is that you only get a "provisional approval", it doesn't become a proper approval until the consulate issues you your immigrant visa.
Full I-601 could be used that way, but it requires you to depart first and wait abroad until it is approved.
But then again, you need an immigrant visa petition anyways, so yeah I am confused here too.