Get Work authorization while waiting for the immigration interview

[NadiaL 5]

My husband is waiting for immigration interview which can take about 8 months. Now his company is willing to do work visa for him, as they have offices in US as well. Is it possible to change/apply for work visa so late in the immigration process and while awaiting for immigration?

[Timona 4,207]

I would choose the marriage GC. Some companies may require you to work certain years as compensation. I wouldn't take that offer over marriage GC

Talk to the company.  Ask them if they can wait on him as his paperwork is in progress. 

[Kai G. Llewellyn 832]

Your husband will likely need to use a dual-intent visa in this case, so category L-1 or H-1B would be suitable. A nonimmigrant L-1/H-1B application will be treated separately from his Immigrant Visa case. However, if the IV case is approved first, I would imagine that the Consulate would cancel the Nonimmigrant Visa appointment.

 

HOWEVER, If your husband is a Canadian citizen he might well be exempt from needing a physical L-1 or H-1B visa and can seek the status at the port of entry if eligible going by the guidance here:

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html - You will need to be certain that he does meet the requirements for the nonimmigrant status sought at the PoE.

 

The benefit is that if your husband can enter in L-1 or H-1B status, he is free to enter with the intent of adjusting status to a permanent resident within the US (unlike other nonimmigrant statuses), or if he wishes, he can return to Canada to finish consular processing for his immigrant visa. Depending on where he is in the processing would dictate whether Adjustment or Consular Processing would be preferable.  TN status is a possibility but I think he would need to demonstrate that he would return to Canada to finish consular processing of his immigrant visa case, he would NOT be allowed to enter the US with the intent of adjusting if going for TN.

 

[Crazy Cat 41,681]

I would think before choosing a visa which required him to adjust status over a CR-1 which grants him a Green Card upon entering the US.

Edited May 5, 2021 by Lucky Cat