K1 and HB-1 at the same time?

[streanor 405]

Applicants for H-1B visa are taken in early April and you do not get approval to work in the U.S. until October (if I remember correctly) and they only give out a certain amount. The congressionally mandated cap is 65,000 for Bachelor's degree cases and 20,000 for U.S. Master's degree cases. Last year there were 190,000 applications and so it goes to a lottery what applicants get them - this is AFTER you have payed fees. I know a friend of mine who went through the process and after paying the application fees and lawyer $4,000 she did not get chosen in the lottery and so lost all that money and didn't get the visa. It's a brutal system and I would never advise it.

 

You have a much more solid route with your K-1 and applying for Employment Authorization Document (EAD) with AOS. Current timeframe to get EAD is approx 5 months from AOS packet sent. When you're in the US and start the AOS process, if you can get a job offer before you're EAD is approved it can be expedited. 

 

Hope hat gives you some clarity. Good Luck!!!