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Chris&Angela

Employment Question

By Chris&Angela in IR-1 / CR-1 Spouse Visa Process & Procedures

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Chris&Angela Apprentice

Chris&Angela   0

Posted
Filed: Citizen (pnd) Country: Italy
 Timeline
Posted

Hey VJs,

I need opinions. Here is my situation.

I got married to an Italian woman on Sept 26th, 2010.

Recently I submitted our I-130 and I am now waiting like most of us.

My wife has starting to look for jobs in the US.

We are completely transparent with prospective employers, saying the Visa process is long and hard to predict but we expect she may be able to start in around 8 months.

One of the potential employers is eager to hire her and is considering sponsoring a work visa (I assume H1B). They believe this would only take one or two months.

Is this possible? Would my CR-1 have to be abandoned?

How would USCIS respond to having to active petitions for my wife?

Anyone have any similar experience?

Thanks in advance…..

USCIS: I-130

•09/26/2010 - Married
•10/25/2010 - Mailed I-130 (we applied for CR-1 not knowing she would get a job with H1B)
•10/26/2010 - I-130 signed for at Chicago Lockbox
•10/28/2010 - USCIS Acceptance Confirmation via email/txt (routed to California Service Center)
•10/29/2010 - Touched
•11/01/2010 - Received hardcopy of NOA1 in the mail.

•12/17/2010 - Beneficiary accepts job with US company
•01/04/2011 - US Employer submits H-1B petition with premium processing
•01/05/2011 - H-1B NOA2
•02/04/2011 - H-1B Consulate Interview -- APPROVED
•02/28/2011 - POE (with H-1B)
•03/16/2011 - I-130 NOA2 -- APPROVED

•03/26/2011 - Mailed AOS
•04/01/2011 - USCIS Acceptance Confirmation via email/txt
•04/27/2011 - Biometrics Appointment
•05/14/2011 - Appointment notification arrives via mail
•06/15/2011 - Interview Appointment-- APPROVED

•12/30/2012 - Purse with greencard stolen from car

•12/31/2012 - I-90 filed online

•01/31/2013 - Biometrics Appointment

•05/29/2013 - I-90 -- APPROVED

•06/07/2013 - I-751 mailed

•06/16/2013 - NOA with notice of 1 year extension arrives.

•09/24/2013 - Removal of conditional basis -- APPROVED

•03/19/2014 - N-400 mailed

•04/14/2014 - Biometrics Appointment

•07/02/2014 - Interview-- APPROVED

•07/16/2014 - Oath Ceremony

CanadianRedneck Collaborator

CanadianRedneck   8

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Man, I'd prefer you call an attorney about that..cross breeding the applications could get confusing. She should've gotten the H1B first..and then you should've gotten married...then you could've just done an AOS. Be done in like 4 months. And she'd be working.

CanadianRedneck Collaborator

CanadianRedneck   8

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

H1B i hear is about 2.5 to 3 months now...and the cost has gone up..used to be 4 grand for it..but i just heard for some professions they increased it another 2 grand. possibly 6 grand? ouch. I dont believe you'd have to abandon you CR1 application...but I would just double check with an attorney that you can trust. Might be one of those situations where she may not be allowed to apply for any other type of visa while the CR1 is in process. But then again..I'm not sure...if that were the case...I'm sure we'd hear about a lot of other people doing it. Myself included.

mrs.T Enthusiast

mrs.T   1

Posted
Filed: IR-5 Country: Romania
 Timeline
Posted

Hey VJs,

I need opinions. Here is my situation.

I got married to an Italian woman on Sept 26th, 2010.

Recently I submitted our I-130 and I am now waiting like most of us.

My wife has starting to look for jobs in the US.

We are completely transparent with prospective employers, saying the Visa process is long and hard to predict but we expect she may be able to start in around 8 months.

One of the potential employers is eager to hire her and is considering sponsoring a work visa (I assume H1B). They believe this would only take one or two months.

Is this possible? Would my CR-1 have to be abandoned?

How would USCIS respond to having to active petitions for my wife?

Anyone have any similar experience?

Thanks in advance…..

Chris, Angela

First congratulations on your recent marriage! Auguri!!

Second,I am sure that she can't work on one type of visa and be "in pending" for a different one at the same time. In your case after you've sent the I130 you have to do the AOS for your wife, once that's done than you can apply for the work permit and the travel permit.Does your wife have an H1B? Did she came in the US with an H1B?

*AOS= Adjusment of status

USCIS journey:

02/11/2010 - got married

06/28/2010 - sent I-130

06/29/2010 - received by uscis

07/06/2010 - notice NOA1

07/08/2010 - updated

07/10/2010 - got NOA1 hard copy in the mail

11/01/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/23/2010 - updated (post decision activity)

02/09/2011 - notification moved from TSC (back to initial review :o )

02/10/2011 - confirmation TSC back to CSC!

02/16/2011 - APROVED!!!!!

NVC journey:

02/25/2011 - we're IN :)) case # Emailed DS 3032. Paid AOS Fee.

03/01/2011 - DS 3032 approved (confirmation by email)

03/02/2011 - AOS shows paied -> AOS packet mailed out

03/04/2011 - AOS received

03/07/2011 - IV generated & paid

03/09/2011 - IV paid! mailed out->

03/14/2011 - IV received

03/31/2011 - Case complete @ NVC!!!

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Here is my opinion.

I don't think you have to stop I-130 process for immigrant visa.

H1B visa has dual intent. Though it is a non-immigrant visa, it has the immigrant intent too. While she is going for H1B visa interview, be truthful about the pending immigrant visa.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

 
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