Work visa while awaiting family based immigrant interview

[MadamEspazien 8]

Hello, my husband is 2 years into the process for a marriage based immigrant visa. We are awaiting his interview date. They are still a few years behind on immigrant interviews at the Haitian embassy so it will still be a while. 

Haiti was just added back to the H work visa program this year. Now I am wondering if he would be eligible to apply for an H-2b visa while waiting the interview for the other. We have a business that is willing to do the process to employ him in the US already. 
 

thank you 

[Kyle fiels 2]

4 minutes ago, MadamEspazien said:

Hello, my husband is 2 years into the process for a marriage based immigrant visa. We are awaiting his interview date. They are still a few years behind on immigrant interviews at the Haitian embassy so it will still be a while. 

Haiti was just added back to the H work visa program this year. Now I am wondering if he would be eligible to apply for an H-2b visa while waiting the interview for the other. We have a business that is willing to do the process to employ him in the US already. 
 

thank you 

I think no . 
you’re already a process current.

[JeanneAdil 6,505]

H2 B is  temporary non immigrant visa and your husband has immigrant intent per the spouse visa petition ,  so no

and also realize 

 

There is a statutory numerical limit, or "cap," on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year.

 

it is wise to understand the H 2b process as it is also not a quick and easy way to come to the US 

 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

[MadamEspazien 8]

15 minutes ago, JeanneAdil said:

H2 B is  temporary non immigrant visa and your husband has immigrant intent per the spouse visa petition ,  so no

and also realize 

 

There is a statutory numerical limit, or "cap," on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year.

 

it is wise to understand the H 2b process as it is also not a quick and easy way to come to the US 

 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

Do you have personal experience with this or are just assuming? 

 

21 minutes ago, Kyle fiels said:

I think no . 
you’re already a process current.

I have friends who have applied for another visa while in the process of one and it was fine I just don’t know with one being immigrant and the other non-immigrant if that would be the issue. I’d like to hear from someone who has tried it. 

[Kyle fiels 2]

3 minutes ago, MadamEspazien said:

Do you have personal experience with this or are just assuming? 

 

I have friends who have applied for another visa while in the process of one and it was fine I just don’t know with one being immigrant and the other non-immigrant if that would be the issue. I’d like to hear from someone who has tried it. 

especially in Haiti I do not advise you with many backlogs you think you will have an easy h2b interview that to wait  for your interview already in progress.

[JeanneAdil 6,505]

Just now, MadamEspazien said:

Do you have personal experience with this or are just assuming? 

 

I have friends who have applied for another visa while in the process of one and it was fine I just don’t know with one being immigrant and the other non-immigrant if that would be the issue. I’d like to hear from someone who has tried it. 

first of all I don't assume 

i went to the USCIS site i quoted and got the info

 

and next applying like that is visa shopping (except a person can also apply DV lottery and hope to win)

is getting a visa more important than coming to the one u love?   

 

u can try anything u want  but don't expect a good outcome 

[Timona 4,207]

10 minutes ago, MadamEspazien said:

Do you have personal experience with this or are just assuming? 

 

I have friends who have applied for another visa while in the process of one and it was fine I just don’t know with one being immigrant and the other non-immigrant if that would be the issue. I’d like to hear from someone who has tried it. 

 

You can apply for as many visas as you want, provided you have the non-refundable $$$. Immigration will later adjudicate and determine if / if not to issue or whether you qualify or not. Regardless, $$$ is non-refundable. 

[arken 4,197]

1 hour ago, MadamEspazien said:

Now I am wondering if he would be eligible to apply for an H-2b visa while waiting the interview for the other.

If he is eligible to apply for H2b visa based on its requirements, he can apply for it through the employer even if he has ongoing immigration processing. The CO may look at the totality of circumstances to approve or deny the visa.

[MadamEspazien 8]

4 minutes ago, arken said:

If he is eligible to apply for H2b visa based on its requirements, he can apply for it through the employer even if he has ongoing immigration processing. The CO may look at the totality of circumstances to approve or deny the visa.

So they look at it case by case? We are not going to cancel our pending visa or anything but wondering if this might be an option in the meantime. When my husband gets his immigrant visa he already has a job lined up here so I thought the same job might be able to offer him a work visa while we wait for him to be able to move. The embassy in Haiti is crazy, they are actually prioritizing non immigrant visa interviews right now ahead of immigrant ones which isn’t really fair, but 🤷🏻‍♀️. Some people have been approved and waiting for interview scheduled for 4 years! While others are getting temporary visas much faster. 

[MadamEspazien 8]

1 hour ago, Kyle fiels said:

especially in Haiti I do not advise you with many backlogs you think you will have an easy h2b interview that to wait  for your interview already in progress.

Maybe faster because the embassy is prioritizing non-immigrant visas over family based immigrant visas for interviews 

[Kyle fiels 2]

3 minutes ago, MadamEspazien said:

Maybe faster because the embassy is prioritizing non-immigrant visas over family based immigrant visas for interviews 

Okay I see.

[MadamEspazien 8]

1 hour ago, JeanneAdil said:

first of all I don't assume 

i went to the USCIS site i quoted and got the info

 

and next applying like that is visa shopping (except a person can also apply DV lottery and hope to win)

is getting a visa more important than coming to the one u love?   

 

u can try anything u want  but don't expect a good outcome 

So, I looked at the USCIS website and the work visa ‘cap’ has not yet been met for this year. 
 

Visa shopping? I was originally going to apply for a work visa for my husband but president Trump canceled the work agreement with Haiti and the visas became unavailable. My husband and I decided to apply for spousal immigrant visa, he has a job lined up in the US already. Now in January the work agreement has become reestablished and I am just checking our options. You probably don’t understand how hard it is to make a life in a place where you only make $3 a day in intensive labor, my wanting my husband to get to come to the US faster has nothing to do with loving him less! 

[Boiler 45,517]

A long shot but no downside trying

[JeanneAdil 6,505]

30 minutes ago, MadamEspazien said:

So, I looked at the USCIS website and the work visa ‘cap’ has not yet been met for this year. 
 

Visa shopping? I was originally going to apply for a work visa for my husband but president Trump canceled the work agreement with Haiti and the visas became unavailable. My husband and I decided to apply for spousal immigrant visa, he has a job lined up in the US already. Now in January the work agreement has become reestablished and I am just checking our options. You probably don’t understand how hard it is to make a life in a place where you only make $3 a day in intensive labor, my wanting my husband to get to come to the US faster has nothing to do with loving him less! 

i most certainly do

adil was working for 90 a month and supporting 2 houses   , mom ,  2 aunts , brothers ,  one uncle and several nieces and nephews 

and he was lucky to have a job at all

many are in the same sloooow process u are in

but applying for a work visa requires a lot of work as the USCIS site tells 

and if he gets interview for that,  the CO will also know he has IR1 petition and it will backfire on the 2 of u

you do realize a CO has to see the spouse visa is for a REAL relationship not just that the person wants to get to the USA anyway he/she can

but u are free to have the employer apply for the temporary labor certification from DOH and then follow thru with him filing the I 129 Step 2 of the process

Step 2: Petitioner submits Form I-129 to USCIS.  After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit the original temporary labor certification with Form I-129 (See the Form I-129 instructions for additional filing requirements). If the application for a temporary labor certification was processed in DOL’s FLAG system, the petitioner must include a printed copy of the electronic one-page “final determination” of the H-2B temporary labor certification approval with Form I-129.

 

its not a fast process and of course the 66,000 are not yet filed / the fiscal year just started in October 2021

but there are still many H2b petitions on hold for an interview as leftovers for the past year

 

and i do sympathize with u /  i  applied K1 in 2009 ,then CR1 in 2010 and we went to 2015 to get approved / it suxxks

[Boiler 45,517]

For the beneficiary a work visa is a not quite free shot, the Employer is the one most involved.