Applying for H1b and K1 concurrently

[tms 2]

My girlfriend (who is a US citizen) wants to file a petition for me, and we were looking into the forms and processing times for the K1 visa. It seems like it will take almost a year for me to get the K1 visa (Montreal is notoriously slow at processing K1s), and another 3-4 months to receive the EAD before I can start working in the US.

Yesterday, I received a full-time offer from a US employer, and they want to sponsor me for a H1b for next year i.e. they will submit my application by April 2017 and my start date has to be after Oct 1, 2017.

Right now I am thinking my best option will be to let my employer apply for the H1b, and my fiance to start the petition for the K1. This way I can start working early if my H1b petition gets approved, and also have a back-up option if it gets rejected. Does that make sense?

Here are my concerns:

1) Will there be a problem if there are two petitions - K1 and H1b filed under my name at the same time?

2) If I get the H1b, can I just abandon my K1? Will that impact my AOS application later down the line?

3) After entering the US on H1b, can I get married and AOS?

[lost_at_sea 995]

You'll probably get the K1 before the H1B, imho, since the H1Bs limited and run out every year - so you may not even get it in 2017 (it's a lottery system).

Theoretically, there's nothing wrong with applying for the H1B and the K1 at the same time. H1B is dual intent. If you go that way and still have a pending I-129f/K1, you can cancel that process without issue.

If you're worried about being able to work upon arrival, why not get married now and have her file the I-130 for CR-1 - you get a green card immediately upon US entry and therefore you can work right away (if you marry now and file now, that process takes about a year).

Edited September 6, 2016 by lost_at_sea

[Suss&Camm 2,213]

Just throwing this out there...Isn't there a risk of throwing up a red flag regarding intent for the K1 process by doing it concurrently?

[lost_at_sea 995]

Just throwing this out there...Isn't there a risk of throwing up a red flag regarding intent for the K1 process by doing it concurrently?

No, as I said - H1B is dual-intent. H1B holders are allowed to have intent to AoS and seek legal permanent residence. https://en.wikipedia.org/wiki/H-1B_visa#H-1B_and_path_to_permanent_residency

[Suss&Camm 2,213]

No, as I said - H1B is dual-intent. H1B holders are allowed to have intent to AoS and seek legal permanent residence. https://en.wikipedia.org/wiki/H-1B_visa#H-1B_and_path_to_permanent_residency

I see, thank you. I guess it makes sense that you would be allowed to want to move to the country in which you are working

permanently that is.. hahaha

[Shauneg 762]

My girlfriend (who is a US citizen) wants to file a petition for me, and we were looking into the forms and processing times for the K1 visa. It seems like it will take almost a year for me to get the K1 visa (Montreal is notoriously slow at processing K1s), and another 3-4 months to receive the EAD before I can start working in the US.

Yesterday, I received a full-time offer from a US employer, and they want to sponsor me for a H1b for next year i.e. they will submit my application by April 2017 and my start date has to be after Oct 1, 2017.

Right now I am thinking my best option will be to let my employer apply for the H1b, and my fiance to start the petition for the K1. This way I can start working early if my H1b petition gets approved, and also have a back-up option if it gets rejected. Does that make sense?

Here are my concerns:

1) Will there be a problem if there are two petitions - K1 and H1b filed under my name at the same time?

2) If I get the H1b, can I just abandon my K1? Will that impact my AOS application later down the line?

3) After entering the US on H1b, can I get married and AOS?

1. NO

2. YES. NO.

3. YES

You'll get the K1 way faster than that H1....and you can get an expedited EAD due to financial loss with proof of job offer from employer.