Cancelling K1 for a job

[Comrie89 0]

I'm a Canadian in the final stages of my k1. I have my medical and interview booked for Montreal in mid-late September. However, recently a job opportunity has come up in the city I would be moving to to join my fiancé and I'm in the final interview stages,with a good shot at getting it. If I get it( they're willing to sponsor me for a Work visa or whatever is needed) is it a simple matter of cancelling the k1 and proceeding with a work visa? A job would be great, but it kinda sucks to see all the time and effort of the k1 go to waste. Thanks for any input

[lost_at_sea 995]

Did they tell you which work visa they'd be going for for you?

[Comrie89 0]

No they haven't. It's at the same institution as my fiancé, and pat of her contract was that they would assist however they could with a spousal hire. So I assume they will do Whichever one is easier or more beneficial

[lost_at_sea 995]

It's not exactly that simple. It'll depend on your level in the company and what they're able to petition for, etc. Some work visas, like the H1B, have an annual cap and go very quickly and are generally filed at the start of the financial year. Others, like the L1, you need to be at a certain level/have direct reports etc. and be transferring within the company. Some also don't allow for dual-intent (i.e. planning to move to the USA on a non-immigrant visa with intent to permanently settle).

Anyway - it would be worth asking them which they'd be applying for for you so you can know if it's 99% likely you'll qualify and get it, and whether it'll be faster than waiting to finish the K1 and sitting out of work while you AOS and get your EAD. It would be a shame for you to cancel the K1 only to find that you don't qualify for the work visa they want to do, or that it'll take longer.

http://canadiansinusa.com/Working-in-the-US/index.html

Edited August 19, 2016 by lost_at_sea

[Comrie89 0]

I agree, I would much rather miss out on work than miss out on joining my fiancé asap. Just not a big fan of the idea of turning down work. Thanks for the info, I guess I'll just wait and see if I even get the job and go from there

[lost_at_sea 995]

I agree, I would much rather miss out on work than miss out on joining my fiancé asap. Just not a big fan of the idea of turning down work. Thanks for the info, I guess I'll just wait and see if I even get the job and go from there

That seems reasonable. You don't have to do anything about the K1 right now, so you may as well see if they want to hire you and then talk to them about your options. They might even be willing to wait / re-interview you later once you move on the K1 and AOS.