applied k1 petition already, can i apply for H1B?

[MenFaith 1]

Hi All,

Thanks for helping people in need...., i have a Question related to my H1B or L1 visa application.

MY fiance has already applied for my K1 visa petition but as far as i know it will take upto 9 months till end

so i checked with my employer to transfer me with in the company to usa office and it seems to be working

So my Question is coz my K1 petition is already on going can my employer apply for my H1B visa petition ?

Will my K1 petition can create any issue on it?

if H1B/L1 gets approved my fiancee will cancel that K1 petition then?

any help will be greatly appreciated?

[Boiler 45,482]

Should not be a problem. Both are dual intent, L would be moire normal for a transfer.

[Harsh_77 718]

Since you working for same company, you can continue your K1 and apply for L1. Which would take you atleast 3 months to complete the L1 anyways. I dont know where your K1 app is in line.

But you can apply for L1 and completely justify that your employeers needs u in US, its not but the company needs u to be in US.

[MenFaith 1]

Thanks guys. I was just wondering but yes thanks for helping out.

[sareliza22 1]

MenFaith - The I-129 (either for the L or the H-1b) would not necessarily cancel out the I-129F. It would really depend on which one was processed faster (and the I-129 has premium processing for an extra $1000 which would allow for adjudication within 2 weeks). Do note, however, that if you are applying for an H-1B the earliest start date would not be until Oct 1 2011, so if you are eligible the L-1A/B would be a better idea. Once you enter on either H-1B or L-1, you could then adjust status circumventing the need for the K visa altogether.

[MenFaith 1]

Thanks much for your reply.

[Harsh_77 718]

I would not cancel i-129 until you get L1 approved and stamped.

either one are not guranteed so worst case secnario if you get denied on both then your i-129 is still in the process and in line.

\pulling it out would mean u will have to start all over again

[Mclovin 2]

Both the H1B and K1 applications ask somewhere if you have fiance relations with anyone in the US. I believe if you answer "yes" to this that the petition will get denied. I would just follow through with the K1. Check into it more but I know when my work filed the L1b petition for me that question came up.

[justashooter 430]

Both the H1B and K1 applications ask somewhere if you have fiance relations with anyone in the US. I believe if you answer "yes" to this that the petition will get denied. I would just follow through with the K1. Check into it more but I know when my work filed the L1b petition for me that question came up.

this is what most relevant experience is reporting. in essence the consular officers see the parallel applications as someone with immigrant intent trying to short-cut the process and they are under diction to prevent such line-jumping. don't muddy the water. wait the K-1 out and be glad that you will have a job to transfer to once you get here.

as an aside, after you arrive you may continue to work for your foreign based company and be paid by them into a foreign account even if you actually report to an office in USA, while your green card and EAD processing is in progress. you have this up on most K1 immigrants.

[Harsh_77 718]

Both the H1B and K1 applications ask somewhere if you have fiance relations with anyone in the US. I believe if you answer "yes" to this that the petition will get denied. I would just follow through with the K1. Check into it more but I know when my work filed the L1b petition for me that question came up.

For H1 / L1 if the person is employed with the same employer in both countries and their countries are able to justify that the need this person in US irrespective of his personal reasons. He could be granted L1/ H1.