Is having a job in the US before even getting there, seen as a red flag during the K1 VISA interview?

[Seraph2042 37]

Everyone, A comment on VJ Facebook post prompted this thought a couple of hours ago. I work in IT industry, we filed our petition in Dec'20 and in March 2021 I spoke to HR about the situation. To our delight, I was approved 8-10 months of sabbatical to finish the process and join them in the US, once I have my EAD. I will start the sabbatical if/when the visa is approved/issued. We were going to be honest about this if the question were to come up, but a couple of posts in FB stating any question related to "job" in K1 interview can be very tricky, had me confused. The confusion is now changing into fear when I think about the two points below -

 

1. I won the H1B Lottery last year, one month before President Trump announced the ban on the new H1B visas.

2. My Fiancé also works in IT industry, in fact he was the Manager(on the client end, not direct report) for the team I was leading here between 2016-2020. This is how we met in the first place. 

 

Will telling the truth here work against our favor? Would all these factors combined somehow make it seem like we are doing this just for the "Job". Am I overthinking this? I have a feeling that I may be, but we already a red flag of "large Age gap", so anything new that comes up that may add to it, just makes me lose my sleep. I now have grey hairs, thanks to this draining process.  Any and all suggestions are appreciated. Thank you!

 

 

[Boiler 45,467]

Does not seem an issue to me.

[SalishSea 17,818]

3 hours ago, Seraph2042 said:

Everyone, A comment on VJ Facebook post prompted this thought a couple of hours ago. I work in IT industry, we filed our petition in Dec'20 and in March 2021 I spoke to HR about the situation. To our delight, I was approved 8-10 months of sabbatical to finish the process and join them in the US, once I have my EAD. I will start the sabbatical if/when the visa is approved/issued. We were going to be honest about this if the question were to come up, but a couple of posts in FB stating any question related to "job" in K1 interview can be very tricky, had me confused. The confusion is now changing into fear when I think about the two points below -

 

1. I won the H1B Lottery last year, one month before President Trump announced the ban on the new H1B visas.

2. My Fiancé also works in IT industry, in fact he was the Manager(on the client end, not direct report) for the team I was leading here between 2016-2020. This is how we met in the first place. 

 

Will telling the truth here work against our favor? Would all these factors combined somehow make it seem like we are doing this just for the "Job". Am I overthinking this? I have a feeling that I may be, but we already a red flag of "large Age gap", so anything new that comes up that may add to it, just makes me lose my sleep. I now have grey hairs, thanks to this draining process.  Any and all suggestions are appreciated. Thank you!

 

 

Is the employer okay with delaying your employment for the 8+ months it will take for you to get your EAD?

[Bajinga 136]

this would not be an issue. you are way overthinking this, just focus on having quality evidence for proving the bonafide relationship.

[Seraph2042 37]

6 hours ago, Jorgedig said:

Is the employer okay with delaying your employment for the 8+ months it will take for you to get your EAD?

My company offers sabbatical for 12 months(for valid reasons) in your lifetime with the company, if you have worked there for > 5 years. I am with them for 8+ now, so I requested for the same with HR. They asked me to only apply only for 8 months for now and at the end of 8th month, I can request for an extension. And based on the reason for the extension, they will take a call then.

Edited September 26, 2021 by Seraph2042

[Seraph2042 37]

6 hours ago, Bajinga said:

this would not be an issue. you are way overthinking this, just focus on having quality evidence for proving the bonafide relationship.

Thank you @Bajinga As I was writing this, it felt like I was may be overthinking and overdoing it. yes, we will definitely work on providing a strong proof of relationship. 

8 hours ago, Boiler said:

Does not seem an issue to me.

@Boiler Thank you. That's so good to know.

[SteveInBostonI130 3,434]

Typically they will ask you things like how did you meet, how long have you known each other, what does your USC fiance do for a living, where does he live, etc.   I haven't heard of them asking what work you will be doing if you get the visa and go to the US.  But if they do, tell them what you stated here - that you are taking time off until you get the EAD or GC.

 

Good luck!

[Seraph2042 37]

18 hours ago, SteveInBostonI130 said:

Typically they will ask you things like how did you meet, how long have you known each other, what does your USC fiance do for a living, where does he live, etc.   I haven't heard of them asking what work you will be doing if you get the visa and go to the US.  But if they do, tell them what you stated here - that you are taking time off until you get the EAD or GC.

 

Good luck!

Thank you Steve. I will stick to the truth.