Wil my petition get voided if I get a working visa?

[ravbanaag 0]

My father filed me using Form I-130, Petition for Alien Relative on August 2018. The estimate approval might be in 2 to 5 years. My father asked his employer if he could get a working visa for me , he said I need to file for a working visa if I am approve then he will check if there is a position for me in the company. My father said the petition would give me a greencard , I really don't know the process. Will it void the petition of my father? 
NOTE:

The working visa would be H-1B if I am not mistaken.

[aleful 1,905]

hi

 

the answer is no, but that's not how a work visa goes. 

 

The work visa is filed by the company, you can't file for a work visa, the company files an H1B, aside from that, there hasn't been almost any work visas approved due to the presidential proclamation.

 

forget about the work visa, just wait for your dad's petition

 

 

[Chancy 6,241]

2 hours ago, ravbanaag said:

My father asked his employer if he could get a working visa for me , he said I need to file for a working visa if I am approve then he will check if there is a position for me in the company.

 

Your father was given inaccurate information.  To start the work visa process, there must be an existing open position in the company.  Then the company needs to file a petition for you to fill that open position.  Only after the petition is approved can you apply for a work visa at the embassy.  So it is the company that initiates the process, not you.  Overview here -- https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html

 

Edited January 10, 2021 by Chancy
added link

[JFH 12,190]

H-1B works on a lottery system. It is massively oversubscribed and the success rate is about 25%. In other words, for every available visa there are approximately 4 applicants. And the H-1B does not automatically lead to a GC, the employer would need to sponsor you for that. It would be the employer’s choice whether they do or don’t. Just stick with the petition from your father. 

[SusieQQQ 11,586]

Yeah. The H1B would not void your father’s petition but it sounds like your chances of getting an H1B are almost none (if the company involved does not understand the process as they clearly don’t, they won’t do it successfully). 
 

I presume you are over 21 and single. Is your father a citizen or a green card holder?

[ravbanaag 0]

Yes I am over 21 , he is a citizen. @SusieQQQ Okay my bad I have misread what the email was. He said that they would file my H1B on april and if it gets approved I can come on october.

Thanks for your answer

[ravbanaag 0]

@Chancy okay got it , I have misread the email of the employer. Thanks

@aleful okay got it thanks.

[SusieQQQ 11,586]

Ok yes that makes more sense and would be fine. Good luck with getting picked in the lottery - you could then live and work legally in the US while waiting for your father’s petition to become current. 

[HRQX 4,145]

10 hours ago, aleful said:

the company files an H1B, aside from that, there hasn't been almost any work visas approved due to the presidential proclamation.

There was a federal court decision on October 1, 2020: https://travel.state.gov/content/travel/en/News/visas-news/court-order-regarding-presidential-proclamation-10052.html "On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations. The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions."

 

In November 2020, Chennai issued 548 H1B visas. Other posts also issued H1B visas that month: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

Edited January 10, 2021 by HRQX