Applying for worker visa while 1-130 pending

[Mathias86 0]

OK, guys - first time on this forum. Gonna try to be as much to the point as possible, but I'm just going to give a speedy update first.

I'm from Sweden, married to my beautiful American wife since 2010. We married in Sweden on August 28, 2010.
In September of 2010, we applied for a Green Card through the Embassy in Stockholm.
The whole thing went very smooth, had my Visa in less than two months and we moved to Florida in November the same year.

I worked there for almost two years, until October of 2012, when my wife and I decided to go back to Sweden for her to study for 5 years at a university. I gave up my Green Card in February last year on a trip to the US, as we then thought that we would live in Sweden for the foreseeable future. A few months later, it turned out that the studying wasn't working for my wife, and we both missed America. So we decided to go back for good. This last Christmas, we spent in Florida with family, and the day before New Year's, I was on the plane home to Sweden, with my wife settings us up in an apartment in the US, while getting a job.

Two weeks later, we filed 1-130 to the Phoenix lockbox, and in January 14th, we received a receipt, saying our case was being handled by the Nebraska Service Center.

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That's where we are now. Hindsight is 20/20, and knowing what I know now, we should have just put a hold on the Green Card, and simply asked for re-entry. Oh, well - what are you going to do...

As I know I might be looking at a good ten months for this hell to be over, we started looking at some other, speedier options.

While visiting for Christmas, I met with my former employer, who said they guaranteed a job for me as soon as I was back, and said they would do anything to help.

Now - I've been calling the USCIS about this option I'm about to drop on you, but I get confused as to what the real answer is, as they often slur reading from a screen and use terms I'm not very familiar with.

I've been looking into having my employer sponsor me with a worker visa, a I-129 or a 1-140 (does anybody know which one applies to me?), and also paying the $1000 premium fee to get a 15 day guaranteed handling time. This would be after the 60 day usual timeline, in which your working qualifications are assessed. So the timeline here would be top 75 days with the USCIS. This, they have confirmed.

Talking to the USCIS, they say that this would be a much speedier way for me to come back, and that the 1-130 would still be processed, even when I get to the US.

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So, what the hell is your question, you might think?

Fair point. Well, I guess I'm just being paranoid, but I don't want to move to the US on a worker visa, and for some reason being fired (God forbid), and forced to go back home, finding out that my 1-130 visa has been waived or its process has stopped. Or some BS like that.

Does anyone have any experience of this at all? I know my case is pretty special.

Bottom line - could I safely apply for the worker visa (and which type should it be?), and still have the 1-130 being processed while working in the US, and finally get my permanent residentship (again) that way?

Thank you guys for any help that I can get.

-Mathias

[Harpa Timsah 13,258]

What worker visa does the company propose to file for? Sounds like H1B maybe?

If you can get it, then you can move to the US on a H1B or many other dual-intent work visas, then you can adjust status in the US. No problem.

[Ryan H 3,810]

Moved from Progress Reports to Process & Procedures.