Receiving an H1-B Visa while the K1 is in process

[Nishi 0]

This is my situation, for which I would like to get some advise - I met this girl, whom I am planning to get engaged with in India during the December timeframe. At the present moment she is working for a multi national company in India as a Software Engineer. My plan is to get engaged come to the U.S. and file for a K1. However I have also asked my would be Fiance to ask her employer if she can come to the U.S. on a H1-B working Visa. Her employer has told her, that he may be able to do something for her (However getting a H1-B visa takes about 3 months time). Now after getting engaged with her and coming back to the U.S. and filling for a K1, if during this process her employer starts the H1-B process as well and she gets the H1-B visa. Can both the processes (K1 and H1-B) go side by side? Also after her coming to the U.S. on a H1-B, can I get married to her and change her status?

Do provide your advise.

Regards,

Nishi

[mikelovesgracey 0]

This is my situation, for which I would like to get some advise - I met this girl, whom I am planning to get engaged with in India during the December timeframe. At the present moment she is working for a multi national company in India as a Software Engineer. My plan is to get engaged come to the U.S. and file for a K1. However I have also asked my would be Fiance to ask her employer if she can come to the U.S. on a H1-B working Visa. Her employer has told her, that he may be able to do something for her (However getting a H1-B visa takes about 3 months time). Now after getting engaged with her and coming back to the U.S. and filling for a K1, if during this process her employer starts the H1-B process as well and she gets the H1-B visa. Can both the processes (K1 and H1-B) go side by side? Also after her coming to the U.S. on a H1-B, can I get married to her and change her status?

Do provide your advise.

Regards,

Nishi

I married my ex-wife while she was here on an H1-B and all went well. If her employer is willing to sponsor her then this will be the quickest way to get her here and she can also go straight to work. K1 & K3 approval times are very slow right now for both the VSC and the CSC so this may be your best bet, but you can't do both at the same time I wouldn't think....can any other members confirm this? Best of luck to you.

Mike

[Nishi 0]

Thanks for your reply "Mikeslovesgracey", does anyone else ran into a similar situation. Do provide your input as well.

Nishi

[Nina+Matt 0]

i dont know if her employer in india can help her get a h1-b for the states? ive only heard that a us employer can sponsor someone and file that kind of visa, not sure if its working the other way around though.

if she can get a work visa id recommend not filing the k1 to save money, plus the work visa doesnt take as long and when you get married in the states while shes here on a work visa you can adjust status and file for a green card.

[payxibka 10,045]

not only that but H-1B's are subject to an annual cap unless you qualify for the exception... the cap for FY2009 was reached in April after only one week of accepting applications.. The next window is in Mar/Apr 2009 for FY2010.

[Nishi 0]

Thanks for the reply - However can I file for a K1 while her employer filies a H1-B for her. Moreover if she comes to the U.S. on a H1-B, how does this play with the K1 being in process? Will I be able to get married to her and changer her status while she is on her H1-B visa and while the K1 is in process?

Do provide advise.

Regards,

Nishi