I-130 sent, can apllicant also apply for work visa?

[MichaelM 0]

My situation is that I married my Wife in Costa Rica in July 2011 and sent in all documentation in Nov 2011. Her travel visa expired in Jan 2012. Can she apply for a work visa to come to the US and wait for the I-130 to clear?

Thank you,

Michael

[LIFE'SJOURNEY 970]

Yes, she can apply for a work visa.

[aaron2020 11,651]

It will be impossible for her to get a work visa to come to the US and wait out her CR-1 visa.

It takes months to obtain a work visa. Also, an employer will need to sponsor her for a job. The employer has to show no US resident is qualified or available for the job by obtaining a Depr. of Labor certification. The US does not simply allow foreign workers into the US to take jobs that can go to an unemployed US resident.

It will be extremely improbable that your wife can obtain a work visa before the CR-1 visa interview.

It will be impossible for her to get a work visa to come to the US and wait out her CR-1 visa.

It takes months to obtain a work visa. Also, an employer will need to sponsor her for a job. The employer has to show no US resident is qualified or available for the job by obtaining a Depr. of Labor certification. The US does not simply allow foreign workers into the US to take jobs that can go to an unemployed US resident.

It will be extremely improbable that your wife can obtain a work visa before the CR-1 visa interview.

[LIFE'SJOURNEY 970]

It will be impossible for her to get a work visa to come to the US and wait out her CR-1 visa.

It takes months to obtain a work visa. Also, an employer will need to sponsor her for a job. The employer has to show no US resident is qualified or available for the job by obtaining a Depr. of Labor certification. The US does not simply allow foreign workers into the US to take jobs that can go to an unemployed US resident.

It will be extremely improbable that your wife can obtain a work visa before the CR-1 visa interview.

It will be impossible for her to get a work visa to come to the US and wait out her CR-1 visa.

It takes months to obtain a work visa. Also, an employer will need to sponsor her for a job. The employer has to show no US resident is qualified or available for the job by obtaining a Depr. of Labor certification. The US does not simply allow foreign workers into the US to take jobs that can go to an unemployed US resident.

It will be extremely improbable that your wife can obtain a work visa before the CR-1 visa interview.

aaron, I have seen people obtain work visas, H2b'as well H1b visas while they are waiting on their 130 to be completed. Since I don't know exactly where in the que the 130 is, no one can say it impossible. They can only try.

[MichaelM 0]

I didn't realize she would need a employer sponsor.

"Impossible" I wouldn't say that, stay positive my friend.

It will be impossible for her to get a work visa to come to the US and wait out her CR-1 visa.

It takes months to obtain a work visa. Also, an employer will need to sponsor her for a job. The employer has to show no US resident is qualified or available for the job by obtaining a Depr. of Labor certification. The US does not simply allow foreign workers into the US to take jobs that can go to an unemployed US resident.

[aaron2020 11,651]

I didn't realize she would need a employer sponsor.

"Impossible" I wouldn't say that, stay positive my friend.

The h1-b visa cap for fiscal year 2012 has already been reached. So, the earliest that an employer could apply for a n H1-b visa is for fiscal year 2013. If your wife's CR-1 isn't completed by fiscal year 2013, then it may be possible for her to get one then. This is probably not the result you want. If you want to stay positive about it not being impossible for her to get a work visa, then you'll have a long wait for her.

Edited February 28, 2012 by aaron2020

[MichaelM 0]

I am a little frustrated that I submitted the I-130 in November and besides the receipt acknowledgement I haven't heard anything. I can check the status on their website but it just says in review stage.

I guess she could just get a new travel visa, but she is a pharmacist in her country and it is a waste to quit her job she loves to just come here and wait.

Mike

[pushbrk 12,106]

aaron, I have seen people obtain work visas, H2b'as well H1b visas while they are waiting on their 130 to be completed. Since I don't know exactly where in the que the 130 is, no one can say it impossible. They can only try.

Good luck on that. Lots of things can be tried and applied for. Getting them is another story. Best to plan on the USC doing the travel for visits during the spouse visa process.