K1 vs. H1B time issues

[sir17 0]

Hi all,

I'm hoping to get some advice from this great group. My us fiancee and I have applied for K-1 in the summer and recently got the noa2 and the letter that all documents have been forwarded to the consulate... paket 3 should be only days away.

Meanwhile, I was offered a job at a us university, they are offering me an h1b visa, which we would start organizing now, with premium processing. I've read these take 2-3 months to process then. Basically I'm struggling with the decision which way to go. Guess the K-1 would be the safer one to be with my love in January, while being stuck without work for a couple of months (from other posts, I learned that planning on a temporary work permission is useless). The h1b on the other side would enable to start working sooner, though I'm unsure how fast this really goes and if there isn't a chance that I'll be stuck here for four months or so. This is a call that I have to make soon, so any thoughts and advice are more than welcome!

Thanks everyone

[mRx 16]

If you decide to do the H1 visa, you will be required to go back to your home country once your contract expires and re submit the K-1 application to be with your fiancee. You cannot have both visas. Your already close to an interview date. Plus depending on which POE you arrive at, if you make arrangements to arrive at JFK then you will get a temporary EAD stamp authorizing you to work. Granted you may have to quit if your temp expires before you recieve your EAD. Good luck with your decision.

Matt

Edited November 29, 2006 by matt85

[*julez* 124]

Or you could go the H1B route, work right away, get married and adjust status in the US and not have to worry about going back to your home country. Also, you'd avoid the whole Advance Parole issue too! Of course, you may want to spend a few bucks and consult with a good immigration attorney to determine which is the best way to go since I'm no expert! Good luck!!

[Saddle Bronc 124]

Or you could go the H1B route, work right away, get married and adjust status in the US and not have to worry about going back to your home country. Also, you'd avoid the whole Advance Parole issue too! Of course, you may want to spend a few bucks and consult with a good immigration attorney to determine which is the best way to go since I'm no expert! Good luck!!

[no name 1]

I'm positive (altho I can't find the link now) that USCIS said a few months ago that all 2007 H1B visas were used up!

[goontar 0]

Hello! Would someone here know why the K1 app I sent to Texas was then sent to the "CSC"? I am assuming that is the CA Service Center. Is this normal? Thanks.

[*julez* 124]

Hello! Would someone here know why the K1 app I sent to Texas was then sent to the "CSC"? I am assuming that is the CA Service Center. Is this normal? Thanks.

Yes this is normal. All TSC applications are forwarded to CSC for processing.

[meauxna 15]

If you decide to do the H1 visa, you will be required to go back to your home country once your contract expires and re submit the K-1 application to be with your fiancee. You cannot have both visas.

Not true.

H1-B is a dual intent visa, allowing the holder to have immigrant intent without penalty. An H1-B does NOT have to return to their home country if they get an immigrant opportunity.

Plus, you can have both visas. And, I just read an interesting story that made a compelling case for dropping the H1-B and returning for a K visa, but that was so that a child could be included before they aged out.

[HAL 9000 96]

Well, actually institutions of higher education are expemt from the H1B visa cap imposed on private entities. I should know as I had tried for 6 months to secure an H1B at my current university for my fiancee, but alas, grant money is at an all time low and positions are hard to come by.

[Dean iWait 0]

Hi all,

I'm hoping to get some advice from this great group. My us fiancee and I have applied for K-1 in the summer and recently got the noa2 and the letter that all documents have been forwarded to the consulate... paket 3 should be only days away.

Meanwhile, I was offered a job at a us university, they are offering me an h1b visa, which we would start organizing now, with premium processing. I've read these take 2-3 months to process then. Basically I'm struggling with the decision which way to go. Guess the K-1 would be the safer one to be with my love in January, while being stuck without work for a couple of months (from other posts, I learned that planning on a temporary work permission is useless). The h1b on the other side would enable to start working sooner, though I'm unsure how fast this really goes and if there isn't a chance that I'll be stuck here for four months or so. This is a call that I have to make soon, so any thoughts and advice are more than welcome!

Thanks everyone

I noticed you said premium processing. That means your future employer is willing to pay an extra $1000. USCIS guarantees 15 day processing for the extra $1000. How long after NOA2 to get the H1B I have no idea. Good luck.

[sir17 0]

Hi all,

thanks for all your input and thoughts. I got my paket 3 today, so I'm more and more leaning towards running with the K-1. I also found some threads about the temporary visa option when flying through Wash, DC. Nothing to plan on, but good to know.

Sorry for not having started a timeline yet, haven't been here frequently enought, but will make up for it soon.

Thanks

[rebeccajo 14]

Hi all,

I'm hoping to get some advice from this great group. My us fiancee and I have applied for K-1 in the summer and recently got the noa2 and the letter that all documents have been forwarded to the consulate... paket 3 should be only days away.

Meanwhile, I was offered a job at a us university, they are offering me an h1b visa, which we would start organizing now, with premium processing. I've read these take 2-3 months to process then. Basically I'm struggling with the decision which way to go. Guess the K-1 would be the safer one to be with my love in January, while being stuck without work for a couple of months (from other posts, I learned that planning on a temporary work permission is useless). The h1b on the other side would enable to start working sooner, though I'm unsure how fast this really goes and if there isn't a chance that I'll be stuck here for four months or so. This is a call that I have to make soon, so any thoughts and advice are more than welcome!

Thanks everyone

I noticed you said premium processing. That means your future employer is willing to pay an extra $1000. USCIS guarantees 15 day processing for the extra $1000. How long after NOA2 to get the H1B I have no idea. Good luck.

Probably not long. Those go through a different section of the consulate.

Edited November 30, 2006 by rebeccajo

[meauxna 15]

Hi all,

thanks for all your input and thoughts. I got my paket 3 today, so I'm more and more leaning towards running with the K-1. I also found some threads about the temporary visa option when flying through Wash, DC. Nothing to plan on, but good to know.

hunh?

If you mean temporary work permit, then you mean JFK in New York.

I've never heard of anything special with DC.