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Applying for H1b and K1 concurrently

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My girlfriend (who is a US citizen) wants to file a petition for me, and we were looking into the forms and processing times for the K1 visa. It seems like it will take almost a year for me to get the K1 visa (Montreal is notoriously slow at processing K1s), and another 3-4 months to receive the EAD before I can start working in the US.

Yesterday, I received a full-time offer from a US employer, and they want to sponsor me for a H1b for next year i.e. they will submit my application by April 2017 and my start date has to be after Oct 1, 2017.

Right now I am thinking my best option will be to let my employer apply for the H1b, and my fiance to start the petition for the K1. This way I can start working early if my H1b petition gets approved, and also have a back-up option if it gets rejected. Does that make sense?

Here are my concerns:

1) Will there be a problem if there are two petitions - K1 and H1b filed under my name at the same time?

2) If I get the H1b, can I just abandon my K1? Will that impact my AOS application later down the line?

3) After entering the US on H1b, can I get married and AOS?

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You'll probably get the K1 before the H1B, imho, since the H1Bs limited and run out every year - so you may not even get it in 2017 (it's a lottery system).

Theoretically, there's nothing wrong with applying for the H1B and the K1 at the same time. H1B is dual intent. If you go that way and still have a pending I-129f/K1, you can cancel that process without issue.

If you're worried about being able to work upon arrival, why not get married now and have her file the I-130 for CR-1 - you get a green card immediately upon US entry and therefore you can work right away (if you marry now and file now, that process takes about a year).

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Just throwing this out there...Isn't there a risk of throwing up a red flag regarding intent for the K1 process by doing it concurrently?


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Just throwing this out there...Isn't there a risk of throwing up a red flag regarding intent for the K1 process by doing it concurrently?

No, as I said - H1B is dual-intent. H1B holders are allowed to have intent to AoS and seek legal permanent residence. https://en.wikipedia.org/wiki/H-1B_visa#H-1B_and_path_to_permanent_residency


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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No, as I said - H1B is dual-intent. H1B holders are allowed to have intent to AoS and seek legal permanent residence. https://en.wikipedia.org/wiki/H-1B_visa#H-1B_and_path_to_permanent_residency

I see, thank you. I guess it makes sense that you would be allowed to want to move to the country in which you are working :)

permanently that is.. hahaha


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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My girlfriend (who is a US citizen) wants to file a petition for me, and we were looking into the forms and processing times for the K1 visa. It seems like it will take almost a year for me to get the K1 visa (Montreal is notoriously slow at processing K1s), and another 3-4 months to receive the EAD before I can start working in the US.

Yesterday, I received a full-time offer from a US employer, and they want to sponsor me for a H1b for next year i.e. they will submit my application by April 2017 and my start date has to be after Oct 1, 2017.

Right now I am thinking my best option will be to let my employer apply for the H1b, and my fiance to start the petition for the K1. This way I can start working early if my H1b petition gets approved, and also have a back-up option if it gets rejected. Does that make sense?

Here are my concerns:

1) Will there be a problem if there are two petitions - K1 and H1b filed under my name at the same time?

2) If I get the H1b, can I just abandon my K1? Will that impact my AOS application later down the line?

3) After entering the US on H1b, can I get married and AOS?

1. NO

2. YES. NO.

3. YES

You'll get the K1 way faster than that H1....and you can get an expedited EAD due to financial loss with proof of job offer from employer.

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