IR1/ CR1 - Employment Authorization while waiting for NVC

[yip5696 1]

 

Our I-130 was approved on 2016-09-29 and NVC case number was assigned on 2017-05-17. At this point we expect it wall take 3-6 months before the interview in Sydney and visa approval.

 

I have been offered a position in a US university starting in September which I would like to take. My wife has already moved to the US and I am currently visiting on a tourist visa while waiting for the immigrant visa to be issued.

 

Is there any way for me to get employment authorization, so I can take the job starting in September. It would be a shame to lose out on this position...

 

Thanks

 

Yip

[Ryan H 3,812]

No

[aleful 1,905]

no, there is no employment authorization when doing consular processing

 

you will get your visa and once you enter, get social security number, you can apply for a job

 

 

[Georgia16 2,858]

You would almost be there so if they really want you then tell them the situation and see if they will wait a bit for you.

[yip5696 1]

 

Thanks....

[yip5696 1]

 

As an Australian with a job offer, I can get an E3 visa https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia relatively quickly.

 

Are there any concerns on getting an E3 visa and moving to the US while still waiting for the IR1 to come through?

 

 

[millefleur 5,046]

8 hours ago, yip5696 said:

 

As an Australian with a job offer, I can get an E3 visa https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia relatively quickly.

 

Are there any concerns on getting an E3 visa and moving to the US while still waiting for the IR1 to come through?

 

 

That's a good question. You might want to consider an immigration lawyer at this point. They might have more experience with this kind of a situation.

[Coco8 1,042]

Basically, you should tell the person who offered you the position you need a visa. Universities makes visas for you and it is not expensive for them to do so. They could do an H1B (universities have no caps) for you and you could fly back to Sidney for the interview.

 

My university told me that H1B is taking one to two months, so it should be ready on time if you move fast.

 

By the way, the people who offered you the job probably don't know about visas, but they need to contact the office of international students/scholars because they have visa specialists working full time.

Edited May 27, 2017 by Coco8

[JFH 12,190]

Does the E3 visa (as a non-immigrant visa) not have the requirement that you intend to return to Australia, as is the case with student visas also? That would be impossible to do with a case for an IR-1 sitting at the NVC and weeks away from completion. 

Edited May 27, 2017 by JFH