I 129 F VS H1B

[ktm250exc 0]

Hi All,

First of all, thanks for all of your posts that have helped me and countless others navigate the I-129 petition process. Here is my story...My Fiance and I have been together for almost 5 years, 3 of them here in the US when she was here for school. After her schooling was completed she had to go back home to Brazil for 2 years, we have maintained our relationship over the last 2 years with multiple visits back and forth and daily chats on Yahoo voice! Originally she had hoped to come back to the US on an H1B VISA, but those are in very high demand and short supply (and need an employer to sponsor) so without one in sight we decided to pursue a K1 and filed our I-129 petition June.

She is now being recruited by a major employer here who is willing to expedite and pay for an H1B VISA (they are H1B cap exempt - educational/research institution) so that she may be eligable to start working around the 1st of the year. This is really great news for her and we're both really excited, but concerened about the status of the I-129. Does this existing petition complicate the H1B process? Do I need to cancel the I-129 before they start the process for the H1B, or can I leave it go to use as a "safety net" in case the job op. doesn't work out? Once she is here on the H1B we get married and then persue a K3, could the existing I-129 be used for this too?

Lots of questions, I know, but this is all happening so fast now and I just want to make sure there are no road blocks that may delay her getting back here.

Thanks for your help,

Bob

Edited August 20, 2008 by ktm250exc

[Ling Ling 22]

Hi All,

First of all, thanks for all of your posts that have helped me and countless others navigate the I-129 petition process. Here is my story...My Fiance and I have been together for almost 5 years, 3 of them here in the US when she was here for school. After her schooling was completed she had to go back home to Brazil for 2 years, we have maintained our relationship over the last 2 years with multiple visits back and forth and daily chats on Yahoo voice! Originally she had hoped to come back to the US on an H1B VISA, but those are in very high demand and short supply (and need an employer to sponsor) so without one in sight we decided to pursue a K1 and filed our I-129 petition June.

She is now being recruited by a major employer here who is willing to expedite and pay for an H1B VISA (they are H1B cap exempt - educational/research institution) so that she may be eligable to start working around the 1st of the year. This is really great news for her and we're both really excited, but concerened about the status of the I-129. Does this existing petition complicate the H1B process? Do I need to cancel the I-129 before they start the process for the H1B, or can I leave it go to use as a "safety net" in case the job op. doesn't work out? Once she is here on the H1B we get married and then persue a K3, could the existing I-129 be used for this too?

Lots of questions, I know, but this is all happening so fast now and I just want to make sure there are no road blocks that may delay her getting back here.

Thanks for your help,

Bob

Great that you have options, and congrats on the possible new job.

If she comes on an HIB Visa, you can get married and then petition for an Adjustment of Satus (you would only need K3 if you were married and she was out of the US).

The I-129 can not be changed to any other type of process. It is a process that you can either complete or now, but there is no transferring or refund.

If she does come in on an H1B and you decide to complete the I-129 path, I believe she would have to complete her medical and interview in Brazil.

So I think the best option would be the expedited H1B and doing an AOS.

Please review the Guides and Wiki at the top of this page for more information.

Good Luck