K1 and HB-1 at the same time?

[IanD91 24]

I am just curious. Would it be possible to be in the middle of the K1 process and be on a H1B at the same time? If this was possible could you use it to fill the gap while waiting for AOS? 

[geowrian 22,337]

It is possible to be going through the K-1 process while already having or being in the process of an H-1B visa. You can only enter the US with one status or the other, though.

 

That said...why? H-1B permits immigrant intent. You can use that to come to the US, marry, then file for AOS. The K-1 would be both pointless and lack the ability to work and travel for a while.

[IanD91 24]

2 hours ago, geowrian said:

It is possible to be going through the K-1 process while already having or being in the process of an H-1B visa. You can only enter the US with one status or the other, though.

 

That said...why? H-1B permits immigrant intent. You can use that to come to the US, marry, then file for AOS. The K-1 would be both pointless and lack the ability to work and travel for a while.

I should have my K1 visa in my hand in approx 2 months. There is a small possibility that a family friend may be able to get me a job at a company in the US that would involve being on the H1B. What should I do if this option came true in the next 2 -3 months? He mentioned it would be a good way to fill the gap while waiting on AOS. Is this even possible?

[aaron2020 11,651]

33 minutes ago, IanD91 said:

I should have my K1 visa in my hand in approx 2 months. There is a small possibility that a family friend may be able to get me a job at a company in the US that would involve being on the H1B. What should I do if this option came true in the next 2 -3 months? He mentioned it would be a good way to fill the gap while waiting on AOS. Is this even possible?

The K-1 is 2 months from being done.  You would be here and have file for AOS before you could even get an H1-B.  Forget about the H1-B, it's not going to be ready by the time you file for AOS under the K-1.  

[IanD91 24]

1 hour ago, aaron2020 said:

The K-1 is 2 months from being done.  You would be here and have file for AOS before you could even get an H1-B.  Forget about the H1-B, it's not going to be ready by the time you file for AOS under the K-1.  

To be honest, I don't know much about the H1B. I just presumed that the sponsoring empolyer files it and it processes relatively fast. I must have presumed wrong. 

[aaron2020 11,651]

Just now, IanD91 said:

To be honest, I don't know much about the H1B. I just presumed that the sponsoring empolyer files it and it processes relatively fast. I must have presumed wrong. 

When you file for AOS under the K1, you can file for an Employment Authorization Document.  With a job offer, you can ask for the EAD to be expedited.  This is the way to go.  

[IanD91 24]

1 minute ago, aaron2020 said:

When you file for AOS under the K1, you can file for an Employment Authorization Document.  With a job offer, you can ask for the EAD to be expedited.  This is the way to go.  

Oh wow ok. I have never heard that before. Any idea how much that would speed up the process if successful? Or how to go about filing for it to be expidited? 

[payxibka 10,045]

5 hours ago, IanD91 said:

I am just curious. Would it be possible to be in the middle of the K1 process and be on a H1B at the same time? If this was possible could you use it to fill the gap while waiting for AOS? 

No, because you can't have two different entry status.   It's one or the other. 

[payxibka 10,045]

Just now, IanD91 said:

Oh wow ok. I have never heard that before. Any idea how much that would speed up the process if successful? Or how to go about filing for it to be expidited? 

First of all you need to have received the k1 and entered the USA.  Secondly you need to have married and ready to apply for aos.   Thirdly you need a job offer in hand

[aaron2020 11,651]

1 minute ago, IanD91 said:

Oh wow ok. I have never heard that before. Any idea how much that would speed up the process if successful? Or how to go about filing for it to be expidited? 

You may want to reach out to this couple.

 

 

[geowrian 22,337]

4 hours ago, IanD91 said:

I should have my K1 visa in my hand in approx 2 months. There is a small possibility that a family friend may be able to get me a job at a company in the US that would involve being on the H1B. What should I do if this option came true in the next 2 -3 months? He mentioned it would be a good way to fill the gap while waiting on AOS. Is this even possible?

As noted, an H-1B visa path there is not going to be ready in that timeframe. K-1 would be the way to go.

 

Also as noted, you can apply for an expedite of the EAD with a firm job offer.

Just to set reasonable expectations, the case noted above took a little over 3 months after marrying and filing, not just the 15 days noted in the title. The 15 days was from expedite request to approval, but the ~3 months prior is a factor as well. Typical timelines at ~4-6 months without an expedite, so they were nearing that timeframe already.

[IanD91 24]

2 hours ago, geowrian said:

As noted, an H-1B visa path there is not going to be ready in that timeframe. K-1 would be the way to go.

 

Also as noted, you can apply for an expedite of the EAD with a firm job offer.

Just to set reasonable expectations, the case noted above took a little over 3 months after marrying and filing, not just the 15 days noted in the title. The 15 days was from expedite request to approval, but the ~3 months prior is a factor as well. Typical timelines at ~4-6 months without an expedite, so they were nearing that timeframe already.

What would be the best way to say this to a prospective employer when applying for jobs? Say I am eligible to work in the US and then once I get the offer explain why it there will be a delay? Or just be straight up and say I am eligible to work pending an offer? 

[geowrian 22,337]

15 minutes ago, IanD91 said:

What would be the best way to say this to a prospective employer when applying for jobs? Say I am eligible to work in the US and then once I get the offer explain why it there will be a delay? Or just be straight up and say I am eligible to work pending an offer? 

Personal choice what you say.

Personally I would be upfront with them - that I am waiting for my work authorization to process but do not need sponsorship from the company. Companies may hear that you need work authorization and incorrectly assume you want them to petition them for it, which is quite expensive and takes a long time, so I would add in the piece about not needing sponsorship from them.

 

Some employers may be able to hold the position open for you. Others may not.

My wife's employer was able to hold it open and wait for her document to come in.

[CEE53147 559]

14 hours ago, IanD91 said:

To be honest, I don't know much about the H1B. I just presumed that the sponsoring empolyer files it and it processes relatively fast. I must have presumed wrong. 

 

 

You are very misinformed about H-1B.  Read on the lottery; education requiremnents, labor certification process, expense, ...

[streanor 405]

Applicants for H-1B visa are taken in early April and you do not get approval to work in the U.S. until October (if I remember correctly) and they only give out a certain amount. The congressionally mandated cap is 65,000 for Bachelor's degree cases and 20,000 for U.S. Master's degree cases. Last year there were 190,000 applications and so it goes to a lottery what applicants get them - this is AFTER you have payed fees. I know a friend of mine who went through the process and after paying the application fees and lawyer $4,000 she did not get chosen in the lottery and so lost all that money and didn't get the visa. It's a brutal system and I would never advise it.

 

You have a much more solid route with your K-1 and applying for Employment Authorization Document (EAD) with AOS. Current timeframe to get EAD is approx 5 months from AOS packet sent. When you're in the US and start the AOS process, if you can get a job offer before you're EAD is approved it can be expedited. 

 

Hope hat gives you some clarity. Good Luck!!!