Is it possible to apply for a work visa when having an I-130 processing?

[james12 0]

Is it possible to apply for a H-1B or L-1 Visa when you have a I-130 processing? If not is it possible to cancel the I-130 and just go with a H-1B or L-1?

[canadian_wife 1,822]

Always possible. Now the chances of approval are something different.

good luck

[teeak 224]

Yes, you can have apply for H1B or L1 when you have a pending I-130. Just be sure to answer truthfully if asked during the interview process.

If the I-130 is approved when you're in the US, you can actually go ahead and just adjust your status from the work visa.

[yem2007 0]

Who is eligible for temporary work visa.. I mean what are the requirements to have a temporary work visa?

Who is eligible for temporary work visa.. I mean what are the requirements to have a temporary work visa?

Who is eligible for temporary work visa.. I mean what are the requirements to have a temporary work visa?

[HollywoodNorth 22]

Totally fine, as long as the visa is a dual intent visa. I've had H1B's and O1's while a relative filed an I-130 on my behalf.

The good news is, if your I-130 is approved while on a work visa and your priority date is current, then you can file for adjustment of status to your green card without having to leave the US in most cases and avoid consular processing.

DO NOT cancel your I-130, always keep that going as a backup, in case you lose your job. You an have multiple green card petitions ongoing at the same time to see which one completes first [ie. Have a family based I-130 and a employment based EB2 running concurrently].

Edited February 22, 2016 by HollywoodNorth