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Chris&Angela

Possible employment with H1B sponsorship

By Chris&Angela in Adjustment of Status from Work, Student, & Tourist Visas

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Chris&Angela Apprentice

Chris&Angela   0

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

Hi VJs,

I need some guidance.

In Sept'10 I (US citizen) married an Italian citizen in Italy.

In October I filed an I-130 for a CR-1 visa, which I am now (patiently??) waiting for.

Since she is planning on moving to US sometime in 2011, my wife contacted some potential employers near my home.

Now she has an offer of employment from a company which would like to get her an H1B Visa.

The (big) company's immigration lawyers beleive that she would be able to get the H1B Visa long before the CR-1.

From my quick research I think she could accept the offer then get the H1B. Once she is here and my I-130 is approved we can do an I-485 AOS.

I realize this is a more expensive way.

Does anyone see a flaw in this logic?

Does anyone have any experience similar?

Should she accept the job?

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

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

If she gets the visa, then I see no problem. As I understand it, H1B is dual-intent, so I *think* it's an appropriate use of the visa. Alternatively, she could also go back to home country for the interview and then re-enter on her CR1 which would trigger her LPR status.

Good luck. Hope someone who is sure answers as well :)

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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