can my fiance get an hb1 visa while on a k1 visa?

[modmodgirl 2]

My fiance may have a job ready when he gets here in the US, wondering if the employer can expedite an hb1 visa for him while he has his k1 visa. He arrives in April, on a k1 visa, can anyone here send me to the correct thread for this process ( if it's even possible to have a hb1 visa and k1 visa at the same time)? Thank you

[Inky 1,111]

No.

[LIFE'SJOURNEY 970]

NO, he would no longer qualify for a work visa if his intent is to migrate to the US.

[Penguin_ie 5,997]

He already holds a K1 visa, he cannot have a second one at the same time. What he could do is move up his travel date, ie if he travels within the next week or so, and you two get married and file AOS immediately, so that he gets his work permit asap.

[modmodgirl 2]

Thanks for the info. We'll have to figure something else out. Maybe he can postpone the job. argh.

[Boiler 46,272]

H would take longer than a K, unless it is a non profit.

[jaycali 415]

My fiance may have a job ready when he gets here in the US, wondering if the employer can expedite an hb1 visa for him while he has his k1 visa. He arrives in April, on a k1 visa, can anyone here send me to the correct thread for this process ( if it's even possible to have a hb1 visa and k1 visa at the same time)? Thank you

Pretty much what the others said!

1. You can't hold two visas at the same time.

2. His K-1 shows intent to migrate - thereby he's not eligible for H-1b.

[Boiler 46,272]

I do not understand your comment about the H1b?

[Dakine10 5,452]

Pretty much what the others said!

1. You can't hold two visas at the same time.

2. His K-1 shows intent to migrate - thereby he's not eligible for H-1b.

The H1B visa allows dual intent. When dual intent is allowed, one can enter the US on a non immigrant visa even if he or she has previously filed or intends to file for an immigrant visa.

The relevant issue in this case is primarily the issue of time - the H1B would still take longer than the K1, thus the H1B is not necessary or beneficial in any way. There would also be the extra expense, and it could conceivably take an H1B away from someone who may actually need it.

Also to clarify, it is possible to have more than one non-immigrant visa at the same time. Visas are issued based on the purpose of travel. If there is more than one reason to enter the US, then more than one visa can issued. Receiving a second visa does not automatically cancel the first one.

Edited February 24, 2012 by Dakine10

[jaycali 415]

The H1B visa allows dual intent. When dual intent is allowed, one can enter the US on a non immigrant visa even if he or she has previously filed or intends to file for an immigrant visa. The relevant issue in this case is primarily the issue of time - the H1B would still take longer than the K1, thus the H1B is not necessary or beneficial in any way. There would also be the extra expense, and it could conceivably take an H1B away from someone who may actually need it. Also to clarify, it is possible to have more than one non-immigrant visa at the same time. Visas are issued based on the purpose of travel. If there is more than one reason to enter the US, then more than one visa can issued. Receiving a second visa does not automatically cancel the first one.

I stand corrected. I just realized the H-1b does allow for dual intent. My mistake.

I should have made this clearer in my previous post - You may hold two visas simultaneously, but you cannot be in two different visa statuses at the same time. In other words, you cannot enter in K-1 status, but use your H-1b visa to work before EAD is granted. You enter either as K-1, or you enter as H-1b.

Edited February 25, 2012 by jhsm85