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Applying for a H1B Work Visa while still processing IR-1/CR-1 at USCIS

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We are now on month 4 of our wait through USCIS and my husband is being offered a job in the US by an employer that will sponsor a H1B application and is willing to pay the Expedited Processing (15 business days) as he falls into the "Specialty Occupation" group.

There would be at least another 5 months wait for the whole USCIS>NVC>Consulate process to be concluded.

Would it be a feasible (and a better option) to obtain a H1B visa and then apply for a change of status? (It's NOT considered visa fraud, differently from Tourist or Business visas).

Is it even possible or they will deny the H1B application given there is a ongoing IR-1/CR-1 application?

We don't mind losing the $400 or so we originally spent to file the I-130 if we are finally together.


I-130 for Spouse


10/14/2014 - I-130 Mailed to Chicago Lockbox

10/22/2014 - NOA1 (Nebraska Service Center)

04/01/2015 - NOA2 (161 days)


04/16/2015 - NVC Received

04/23/2015 - Case # assigned / DS-261 completed

04/24/2015 - AOS fee invoiced and paid

04/30/2015 - AOS+IV packages mailed

05/04/2015 - AOS+IV packages received (scan date)

05/15/2015 - IV fee money order payment confirmed

06/03/2015 - Checklist received: missing DS-260 form

06/19/2015 - DS-260 available online and submitted

07/31/2015 - Case Complete (107 days from arriving @NVC or 89 days from scan date)


08/25/2015 - Scheduled interview

09/21/2015 - Interview, approved!

10/02/2015 - Passport received

10/04/2015 - POE! (348 days from NOA1)

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Moved from Progress Reports to Process & Procedures.

Our journey:


September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*


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