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haiden

spouse -GC holder, wants to submit application for me

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Hi, my spouse is a gc holder, and i have a US visa. He wants to apply for my gc application, in the mean time i am also applying for jobs in the US. My question is that if i get a job interview while my GC application is in process would i be able to enter the US, since you're not allowed to enter the US while your GC application is in process.  

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13 minutes ago, haiden said:

Hi, my spouse is a gc holder, and i have a US visa.

I assume you mean you have tourist B2 visa?

 

13 minutes ago, haiden said:

 

He wants to apply for my gc application,

Good luck. The process will take 2 years or so, you cannot acquire any kind of illegal presence in the US during that time.

 

13 minutes ago, haiden said:

 

in the mean time i am also applying for jobs in the US.

Why? Based on what?

 

13 minutes ago, haiden said:

 

My question is that if i get a job interview while my GC application is in process would i be able to enter the US,

Based on what, again? You cannot work with a tourist visa. Pending GC application doesn't change that.

 

13 minutes ago, haiden said:

 

since you're not allowed to enter the US while your GC application is in process.  

You are. If you have a valid visa but you can only spend max 6 months ( or less, depending on time allowed during entry) but you CANNOT absolutely work.


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06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

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09.2015 - Green Card received.  

RoC

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yes, I am aware that I cannot work or spend more than 6 months on a tourist visa, but if my GC application is in process, and i get an interview call and the company is willing to sponsor me for a work visa would I be able to enter the US for my job interview, as i have heard that if you have a GC application in process your tourist visa gets cancelled. Thanks!

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4 minutes ago, haiden said:

yes, I am aware that I cannot work or spend more than 6 months on a tourist visa, but if my GC application is in process, and i get an interview call and the company is willing to sponsor me for a work visa would I be able to enter the US for my job interview, as i have heard that if you have a GC application in process your tourist visa gets cancelled. Thanks!

Your tourist visa gets canceled when you're issued a spouse visa. You can still use it during the process.

 

What qualification you have that make you eligible for the work visa?


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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6 minutes ago, haiden said:

 as i have heard that if you have a GC application in process your tourist visa gets cancelled. Thanks!

You heard wrong.   


YMMV

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51 minutes ago, haiden said:

as i have heard that if you have a GC application in process your tourist visa gets cancelled.

You need to stop listening to whoever told you that..........or can you give any real examples of that?


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And if your spouse obtained permanent residency (aka a Green Card) through marriage to a US citizen there is a waiting period of 5 years before they can petition you.

 

What work visa would you be eligible for? H1B is over for this year. L visas require an intra-company transfer but you said you are applying for jobs. What sort of jobs? Note that there is no work visa for entry-level jobs, only for investors and highly specialized workers. Also the employer has to file the work visa application - this costs thousands and requires a lot of paperwork on the part of the employer. How do you know that the places where you are applying are prepared to go to such lengths for you? In short, what do you bring to the table that makes thousands in fees and stacks of paperwork worthwhile to the employer?


 

 

 

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There are short term work visa's in agriculture etc however much more likely OP does not have a clue on the process and realistically how likely it would be to get a work visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you all for your input. Sorry if I wasn't clear but I am an IMG so I'd be applying for a medical residency. My only concern was cancellation of B2 and not being able to enter the US for job interviews if I apply for GC, so was contemplating if I should go through that route(guarantees a job) and wait 4-5 years. But if thats not the case, it would make the process easier.  

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Posted (edited)
7 hours ago, haiden said:

Thank you all for your input. Sorry if I wasn't clear but I am an IMG so I'd be applying for a medical residency. My only concern was cancellation of B2 and not being able to enter the US for job interviews if I apply for GC, so was contemplating if I should go through that route(guarantees a job) and wait 4-5 years. But if thats not the case, it would make the process easier.  

Your B2 won't get cancelled just because there's an I-130 petition in progress. The I-130 petition mailed does not give you any status; it will take 2+ years to get approved. You can still visit on your B2 visa (All up to the IO at port of entry on how long you can stay). Applying for medical residency will not have any connection to your wife's I-130 petition either.

Edited by nastra30

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