I129 process/K1 conflict with H1B?

[ktm250exc 0]

My Fiance and I started our I129 process back in June and since then she has been recruited by an employer here in our area. They have started the H1B expedited process on her behalf and want her to start the new job as soon as possible after the first of the year. We thought that was great because it would probably get her here quicker (at the time we had only received the NOA1 and nothing seemed to be moving), it was a job she really wanted, and they would be paying for the process too. At that time I asked the question here and was told that once she was here on the H1B we could get married and then file for a change of status, and follow that process and let the I129 process lapse, but it could still be there as a backup if something should fall through on the employment.

Well, surprisingly enough I received the NOA2 a few weeks ago and just yesterday my fiance recieved her packet and an appointment date in late November for her interview. Here is my question: With the H1B in process will having an interview date or an open I129 file somehow conflict with the H1B and derail that process? The H1B is an all around better option for us, so should I consider cancelling the I129 so it doesn't screw up the H1B? I really don't want to do that if there is not a conflict, just in case something doesn't work out , then we can fall back on the I129 and keep that appointment. Are appointments able to be re-scheduled for a later date as well? (it actually is a really bad date with her teaching commitments at the university).

Sorry for so many questions, but also thanks in advance for any insight and advice you may have for this situation.

Thanks,

Bob

[payxibka 10,047]

I would find out more about the H1-B because the 2009 H1-B allocation was oversubscribed in April (within 1 week after the window opened)... So regardless of the expedite request there may not be any availability

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited October 30, 2008 by payxibka

[ktm250exc 0]

I would find out more about the H1-B because the 2009 H1-B allocation was oversubscribed in April (within 1 week after the window opened)... So regardless of the expedite request there may not be any availability

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes you're right about that allocation. Fortunately there is an exemption from this cap for research and education affiliated agencies, which applies to this situation. Thank you for your feedback.

[ktm250exc 0]

I would find out more about the H1-B because the 2009 H1-B allocation was oversubscribed in April (within 1 week after the window opened)... So regardless of the expedite request there may not be any availability

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes you're right about that allocation. Fortunately there is an exemption from this cap for research and education affiliated agencies, which applies to this situation. Thank you for your feedback.

Any other thoughts from anyone?