Work visa while CR-1 in progress. Need advice!!

[shadowlassie 0]

Hello everyone,

Im in need of some advice. My wife is the US Citizen and we just got married here in India couple of months ago and now found that my wife is pregnant. She is currently in US and we have decided to have the baby in US and have calculated the approx delivery date to be in first week of March 2013.

Our i-130 application is in progress and we received the NOA1 on july 20. Based on the timeline trends for mumbai consulate, im estimating (if everything goes well), the interview date will only be in March 2013. So im really edgy about not being to be able to be with my wife and baby during delivery. (

Luckily, my work has agreed to process a non-immigrant work visa (L1-A) for me for a genuine work opening. This would allow me to get to my wife sooner. However, they also cautioned that my chance of this work visa getting rejected is high because i have my spouse in US and i am a possible immigrant, the consulate would hesitate issuing a non-immigrant work visa.

1) Has anyone been in this same situation? i.e, travelling to US on work visa while CR-1 is in progress?

2) During my L1 visa interview, if i show them proof that my i-130 is in progress and i will return back to India to attend this interview, instead of trying to stay there and do an AOS, will they accept?

3) Is there a chance that i explain the Consular officer about my situation that i need to see my baby when he/she comes to this world? will it move them or they simply dont care?

Feel helpless here and miss my wife and my yet to be born baby

Appreciate any advice here

[Harpa Timsah 13,258]

L visa is a dual-intent visa, so there is no problem with you being a potential immigrant with that one. It is possible to get a work-based GC from L visa, so the visa specifically allows for you to come to the US to work, but then to also pursue a GC. I don't think they will care about the baby though.