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Looking for work while I-130 is pending?

By INF in IR-1 / CR-1 Spouse Visa Process & Procedures

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INF Collaborator

INF   96

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

Hi guys, I live in Canada and recently married my U.S. Citizen husband. We submitted our I-130 in Nov and it is pending.

 

I am wondering if I can start applying for jobs in the U.S. and obtain a separate work visa... TN-1 (I imagine I qualify for this as I’m an engineer) or H1B visa through an employer while waiting for my I-130? 
 

Would I be able to lawfully enter the US through this route and then file for an adjustment of status once I enter? 

Edited by INF
geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

You cannot enter of with a TN visa with intent to adjust status. A requirement of a TN visa is non-immigrant intent.

 

H-1B allows immigrant intent so that one is fine for AOS. But they are very hard to get and you have to apply to even be selected during the annual open period. These are not prioritized by skill - everybody that meets the required criteria is equally treated and then there is a lottery element for who gets selected since the number of visas is very limited. It’s not really faster and certainly not easier IMO.

Edited by geowrian
grammar

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

L1 would be a better bet, do I take it that the US spouse is looking to move and you will relocate to wherever the job is?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Yeah, an L visa would be the quickest and simplest, if applicable.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

INF Collaborator

INF   96

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted
28 minutes ago, geowrian said:

Yeah, an L visa would be the quickest and simplest, if applicable.

Thank you guys, just read up on L-1 visas. Though I work for a multinational company, I cannot get a transfer... it’s not that easy at my workplace! Also the location of their office doesn’t work either. 
 

Really appreciate the help. Looks like H1B is the only way or to wait it out till my petition is approved.

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Well do the maths, you need a job offer, from it seems a specific location for a visa that will not allow you assuming you got lucky to start work before the 1st October.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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