Processing times for a Temporary Work Visa

[bidaum92 0]

Hi,

First I need to provide some back story so I hope you don't mind the read!

basically, I am 21 and from the UK with 2 years experience as a network engineer with Microsoft qualifications.,

Myself and my fiance (who lives in Oklahoma) are going to be getting married in March to begin processing my CR-1 visa which will take around a year or so to complete..

Now there is al situation that we would like to know if it is viable or not whilst we wait for the CR-1 visa.

we would like to be able to spend as much time together as legally possible,

and as I'm able to visit the USA on the Visa Waiver Program for Personal and Business purposes this is what I'm considering:

I stay in Oklahoma from March for 1-2 months and attempt to get a job interview.. preferably in network engineering.. but willing to accept anywhere that would hire me.

The employer sponsers me for a temporary work visa which I can then use to work temporarily in the USA for 5-6 months or so.. after which I return to the UK.

My CR-1 visa then completes in 10-11 months and I become a permanent resident and get a full-time job in oklahoma.

My question's are.

1. Is this possible?

2. How long does it take to process a temporary work visa? and can it be done from the USA or would I have to return to the UK for my interview?

3. Does a temporary work visa have any negative outcomes on a CR-1 visa?

Edited February 20, 2014 by bidaum92

[aaron2020 11,651]

1. No, there is no way for you to get a temporary work visa. It doesn't work like that. There is no reason to let you in to take a job that can go to an unemployed US person. An employer who wants to get a work visa for a foreign employee must go through certain hoops like proving to the US Dept. of Labor that the employer has tried to hire a US person but could not find one and that is why a work visa is needed for the foreign employee.

It also cost an employer about $5000 to get a work visa for a foreign employee. The process takes many months before a work visa can even be issued.

With your timeline, there is no work visa that you could get (if you qualify) in time to work in the next 4-6 months.

Edited February 20, 2014 by aaron2020

[lost_at_sea 995]

What type of visa are you looking at (like, letters in it - H1B, L1 etc.)?

You can't just "get a job", like aaron says. You'd be looking for something more specialist that the employer is unable to fill locally.

See: http://www.uscis.gov/working-united-states/temporary-workers/temporary-nonimmigrant-workers

Edited February 20, 2014 by lost_at_sea

[aaron2020 11,651]

What type of visa are you looking at (like, letters in it - H1B, L1 etc.)?

You can't just "get a job", as aaron says. You'd be looking for something more specialist that the employer is unable to fill locally.

See: http://www.uscis.gov/working-united-states/temporary-workers/temporary-nonimmigrant-workers

OP is getting married in March. He wants to work in the US from March to the end I f this year.

What work visa did you have in mind that would fit that timetable? I can't think of any.

Edited February 20, 2014 by aaron2020

[bidaum92 0]

So to sum up in a simple word.

No it's not possible.

Our best bet is to just wait it out and stick with our CR-1 visa?

[aaron2020 11,651]

So to sum up in a simple word.

No it's not possible.

Our best bet is to just wait it out and stick with our CR-1 visa?

Yes.

[bidaum92 0]

Alright! time to just save money for trips in between then!

[lost_at_sea 995]

OP is getting married in March. He wants to work in the US from March to the end I f this year.

What work visa did you have in mind that would fit that timetable? I can't think of any.

Oh, no. I couldn't think of one. I thought perhaps (slim chance) that he was talking about trying to get a H1B or something (unlikely in his field of work + application window timing). I don't think he is. I actually agree with you.

Edited February 20, 2014 by lost_at_sea

[aaron2020 11,651]

Oh, no. I couldn't think of one. I thought perhaps (slim chance) that he was talking about trying to get a H1B or something (unlikely in his field of work + application window timing). I don't think he is. I actually agree with you.

An H1-b would only work if the employer already has the Dept. of Labor certification and would apply for him at the next opportunity this April. The earliest an H1-b visa would be available is Oct. 1, 2014.

Furthermore, an H1-b requires a uni degree or equivalent work experience. Kinda hard for a 21 years old with 2 years work experience to meet this requirement.

[Boiler 45,557]

Could have a Degree, not mentioned, but seems unlikely.

Transfer with your current Employer would be the best bet.

[victorian221b 12]

Since you're getting married next month, why not consider just going ahead and process your CR-1? Once USCIS receives your application and begins the approval process you can apply for an EAD which will allow you to work while your CR-1 application is pending. No need to go and get a temporary work visa at all.

If you're going to be in the US under a different visa, it's a matter of applying for Adjustment of Status to CR-1.

[aaron2020 11,651]

Since you're getting married next month, why not consider just going ahead and process your CR-1? Once USCIS receives your application and begins the approval process you can apply for an EAD which will allow you to work while your CR-1 application is pending. No need to go and get a temporary work visa at all.

If you're going to be in the US under a different visa, it's a matter of applying for Adjustment of Status to CR-1.

If OP was in the US now and arrived without the intention to immigrate, then marrying and adjusting and getting the EAD would be possible. It would take 2-3 months to get the EAD after marriage, so it might work with his timeline.

If he is currently outside the US, then it would be immigration fraud for him to enter with the intent to immigrate.

OP is also using the VWP, so there are no appeals if the I-485 is denied.

Edited February 21, 2014 by aaron2020