H2B while pending I-129F

[ja_kemar 0]

Good day,

My employer called me and said that he had request a I129 for us workers to return for the 2013 season. I did not work with them since 2010. However i am a January beneficiary of the I129F that is still being processed. can I still get the H2B visa?

[ja_kemar 0]

Good day,

My employer called me and said that he had request a I129 for us workers to return for the 2013 season. I did not work with them since 2010. However i am a January beneficiary of the I129F that is still being processed. can I still get the H2B visa?

no one to give any guidance?

[catknit 144]

Your employer's attorney should be able to answer this for you...

[ja_kemar 0]

Your employer's attorney should be able to answer this for you...

They not using an attorney. They using an employment agency.

[catknit 144]

The employment agency will be using an attorney then.

I'd be curious what the benefit would be for you to go on the H2B at this point - is the turn around time really that fast? I truly don't know. Whatever you do, you must be completely honest with USCIS and the embassy about the fact you have a K1 petition in progress [or, depending on the timings, a K1 visa interview in the works with the US embassy].

I'd suspect that your impending K1 will show you have immigration intent and you may be denied the H2B based on that if you get the H2B interview earlier than the K1 interview [unlike the H1B, I don't believe you can have dual-intent to work and adjust with the H2B - all you are allowed to do is work and leave]. Hopefully if I'm wrong someone here will correct me...

But, the person(s) who will know this specifically will be the attorneys handling your case for the employment agency.

[Boiler 45,314]

H2b is not dual intent.

[Penguin_ie 5,993]

H2b is not dual intent.

And that will likely be the main issue. From when to when would your employer want you?

[ja_kemar 0]

Fro march to sept 2013. I am a January filer. So My case may be approve in august first week by visajourney estimates. So I will be within the 4months required for action. you should be judge differently according to each case according to notes i just saw on state department website.Just prove intent to return

[ja_kemar 0]

Fro march to sept 2013. I am a January filer. So My case may be approve in august first week by visajourney estimates. So I will be within the 4months required for action. you should be judge differently according to each case according to notes i just saw on state department website.Just prove intent to return

i found this today.

“An intent to immigrate in the future, which is in no way connected to the proposed immediate trip, need not in itself result in a finding that the immediate trip is not temporary.”

[ja_kemar 0]

I got through at interview just waiting for my visa.