What if I get a work permit while filing for K-1

[afernandez 0]

Hi,me (Canadian) and my fiance (American) are both young professionals and are in the middle of applying to jobs in both Canada and the USA, however we are looking to stat the the K-1 process. My question if anyone knows... is if i was to get a Job Offer from an american employer, can I take the job if I am going through the K-1 process, would i have to stop the process? Or would I even be allowed to apply for a work permit if I am in the middle of a K-1 application?

[canadian_wife 1,831]

If you have begun the K-1 process it will be difficult for you to obtain a work visa. Many (most in fact) work visas are non-immigrant visas which means to be approved for one you'll have to show that you intend to move back to Canada once your work visa expires. To do this, you'll have to show that you do not intend to immigrate to the United States - this will be difficult to prove if you have a K-1 in process which states that you do intend to immigrate.

Not impossible but your chances of being approved a work visa with a pending K-1 application drop substantially

Good luck

PS - work visas, in this economy, are increasingly difficult to come by.

[warlord 73]

If you have begun the K-1 process it will be difficult for you to obtain a work visa. Many (most in fact) work visas are non-immigrant visas which means to be approved for one you'll have to show that you intend to move back to Canada once your work visa expires. To do this, you'll have to show that you do not intend to immigrate to the United States - this will be difficult to prove if you have a K-1 in process which states that you do intend to immigrate.

Not impossible but your chances of being approved a work visa with a pending K-1 application drop substantially

Good luck

PS - work visas, in this economy, are increasingly difficult to come by.

Pretty much depends on the work permit you are looking for. H1B's I believe allow immigration intent, however there is a cap level and not sure that level has already been exceeded. You need to look at your qualifications and then look at all the different types of visas that you would qualify for. I know the TN status would be a no-go and so would a F visa I'm sure. So you may try and look into the H1B if you can qualify for it and the cap hasn't been maxed out for this phase...