H1B and K1 concurrently??

[pachacuti 154]

Just curious. I may explore the possibility of getting my fiancee an H1B tech visa. I am okay with incurring extra cost, but not having to start over (even if the H1B is less time). She is a project manager and there is the possibility that I could get her a job offer, then get married and do the AOS permanent residency. The question is: do you have to abandon the K1 process to do this? It is not the same as starting over CR1 and having to abandon K1 (i.e. the marriage has not occurred and the criteria for K1 still exist).

If this topic should be passed to a different forum, dear admins, please do your duty

Edited March 27, 2013 by pachacuti

[Penguin_ie 5,993]

You don't need to abandon it, but due to the timeline for a H1B (they open in April for starting work in October), unless she has a job offer now it's unlikely to happen til next year, by which time you should have your K1.

Edited March 27, 2013 by Penguin_ie

[Gosia & Tito 199]

Just curious. I may explore the possibility of getting my fiancee an H1B tech visa. I am okay with incurring extra cost, but not having to start over (even if the H1B is less time). She is a project manager and there is the possibility that I could get her a job offer, then get married and do the AOS permanent residency. The question is: do you have to abandon the K1 process to do this? It is not the same as starting over CR1 and having to abandon K1 (i.e. the marriage has not occurred and the criteria for K1 still exist).

If this topic should be passed to a different forum, dear admins, please do your duty

Aside from the visa question answered, an H1B is not a DIY. It's not only having a job offer, it would have to be demonstrated that no USC/LPR could take that position. For that to happen, she would have to have a very special skill that is very difficult to find. Not impossible, but that is where an attorney comes in. As with any other visa, you would need to have a good attorney. Also, some companies would do this sponsorship, some would not. We are talking possible several thousand and the processing time, which can be expedited by paying extra $$.

As it was noted, the petition might have to be filed in October (unless there are still available visas (they tend to be taken on the first day!!).

Now, on the good news: I would advice for her to work on getting the PMP certification if she doesn't have it, it would be money better spent. She will be in a much better competitive position to command better salary and position once in the US. Nowadays there is quite a demand in project managers (experienced that is).

If you wish, send me a PM. I am originally 'perucho' and have a project manager certification (I saw a posting of yours and had not seen the word used in a loooooooong time)

Edited March 28, 2013 by Gosia & Tito