Work visa while awaiting family based immigrant interview

[Rocio0010 5,635]

2 hours ago, MadamEspazien said:

So they look at it case by case?

Of course they do. And this is exactly why in your case applying for a visa while you have an undergoing immigration process might backfire you. Why? Because in the eyes of the USCIS and the consulate, you're shopping for a visa, or -in other words- looking for every possible mean to take a shortcut to come to the US. I'm sorry if I'm being blunt, but those of us dealing with immigration for quite a while know that shortcuts, as tempting as they might seem, can backfire you. He can certainly try, but when the officers put two and two together, he might have a harder time. 

Sometimes people think that they are the first ones to come up with an idea. Well, here's the thing: if it was a possibility, others would have been successful.

2 hours ago, MadamEspazien said:

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,

Most of us been there, done that. I myself come from an underdeveloped country!

[MadamEspazien 8]

1 hour ago, JeanneAdil said:

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

Right, getting anything to move in the world of Covid is ridiculous. Plus unrest keeps shutting the embassy. It’s just frustrating to see other visa categories prioritized above family visas. I mean does someone wanting to learn in the US deserve to be there more than one who is married and maybe even has kids that are having to do the back and forth thing, seeing dad every several months??

 

Ugh… we had no requests for evidence or errors on our paperwork. We did everything thorough and right. All was accepted in a reasonable time, then this visa scheduling nightmare. 
 

I have thought that it might raise a red flag for him to get a work visa because they know he intends to immigrate. However I don’t think it will cause any problems with our IR-1, reason being we have told them where he intends to work in the US and that they already have a position for him. This would be the same business that we would request the work visa for. So I think they would see that it lines up. 🤷🏻‍♀️

[Rocio0010 5,635]

6 minutes ago, MadamEspazien said:

It’s just frustrating to see other visa categories prioritized above family visas.

I do agree. 

 

6 minutes ago, MadamEspazien said:

Ugh… we had no requests for evidence or errors on our paperwork. We did everything thorough and right. 

I think this is because with K1s and CR-1s there are two different entities involved, one being USCIS and the other one the Consulate. So maybe one part is fast but the other one is slow.

 

8 minutes ago, MadamEspazien said:

I have thought that it might raise a red flag for him to get a work visa because they know he intends to immigrate. However I don’t think it will cause any problems with our IR-1, reason being we have told them where he intends to work in the US and that they already have a position for him. This would be the same business that we would request the work visa for. So I think they would see that it lines up.

All you can do is try!

[MadamEspazien 8]

4 minutes ago, Rocio0010 said:

Of course they do. And this is exactly why in your case applying for a visa while you have an undergoing immigration process might backfire you. Why? Because in the eyes of the USCIS and the consulate, you're shopping for a visa, or -in other words- looking for every possible mean to take a shortcut to come to the US. I'm sorry if I'm being blunt, but those of us dealing with immigration for quite a while know that shortcuts, as tempting as they might seem, can backfire you. He can certainly try, but when the officers put two and two together, he might have a harder time. 

Sometimes people think that they are the first ones to come up with an idea. Well, here's the thing: if it was a possibility, others would have been successful.

Most of us been there, done that. I myself come from an underdeveloped country!

I have thought that it might raise a red flag for him to get a work visa because they know he intends to immigrate. However I don’t think it will cause any problems with our IR-1, reason being we have told them where he intends to work in the US and that they already have a position for him. This would be the same business that we would request the work visa for. So I think they would see that it lines up. 🤷🏻‍♀️
 

Besides that, you say that you say “those of us dealing with immigrant for quite a while know that shortcuts can backfire”, well I haven’t heard anyone share who has tried and failed. When I posted this topic I was looking for people who have actually applied for a work visa while pending immigration, not just opinions or guesses. 
 

Starting a visa process in 2020, 2021, 2022 is way different than years ago. Also from a country with literally no government currently. 

[PaulaCJohnny 713]

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Edited January 27, 2022 by PaulaCJohnny

[Boiler 46,109]

1 minute ago, PaulaCJohnny said:

So, are your husband a qualified professional and he already have a company interesting to apply for his visa?

Do you know that is not like any regular company that can file for a work visa, right?

 

 

H2b around me the ski resorts, hotels and supermarkets use them for seasonal labour

[Rocio0010 5,635]

1 hour ago, MadamEspazien said:

When I posted this topic I was looking for people who have actually applied for a work visa while pending immigration, not just opinions or guesses. 

Ok, just thought that an “opinion” from somebody who has been in VJ for a while might be helpful. 

 

1 hour ago, MadamEspazien said:

Also from a country with literally no government currently. 

That certainly doesn’t help in your situation.

Good luck

[Boiler 46,109]

1 hour ago, MadamEspazien said:

I have thought that it might raise a red flag for him to get a work visa because they know he intends to immigrate. However I don’t think it will cause any problems with our IR-1, reason being we have told them where he intends to work in the US and that they already have a position for him. This would be the same business that we would request the work visa for. So I think they would see that it lines up. 🤷🏻‍♀️
 

Besides that, you say that you say “those of us dealing with immigrant for quite a while know that shortcuts can backfire”, well I haven’t heard anyone share who has tried and failed. When I posted this topic I was looking for people who have actually applied for a work visa while pending immigration, not just opinions or guesses. 
 

Starting a visa process in 2020, 2021, 2022 is way different than years ago. Also from a country with literally no government currently. 

Lots of work different types, there was somebody who posted a few days ago who obtained a L1

 

H2b is seasonal/temporary and non immigrant so less obvious 

 

 

[MadamEspazien 8]

39 minutes ago, Boiler said:

H2b around me the ski resorts, hotels and supermarkets use them for seasonal labour

Yes. The H2b is a non professional labor so he doesn’t need a degree. Around me it is mostly vegetable farms, lawn companies, and roofing companies that hire foreign labor. My family has a business in law care that is not yet set up to acquire seasonal foreign laborers but if there was a possibility my husband could work for them now rather than when he immigrates they would start the process. I just wanted to put out feelers before they go through that process. It is hard to keep local laborers on because it’s outdoor physical work and a lot of American boys aren’t used to that or don’t want to stick around. 😛

[SalishSea 18,142]

30 minutes ago, MadamEspazien said:

Yes. The H2b is a non professional labor so he doesn’t need a degree. Around me it is mostly vegetable farms, lawn companies, and roofing companies that hire foreign labor. My family has a business in law care that is not yet set up to acquire seasonal foreign laborers but if there was a possibility my husband could work for them now rather than when he immigrates they would start the process. I just wanted to put out feelers before they go through that process. It is hard to keep local laborers on because it’s outdoor physical work and a lot of American boys aren’t used to that or don’t want to stick around. 😛

First your family’s company would need to obtain an immigration employment lawyer.   They would be the petitioner, and the lawyer would file and facilitate it.   

[Cathi 5,784]

4 hours ago, MadamEspazien said:

Yes. The H2b is a non professional labor so he doesn’t need a degree. Around me it is mostly vegetable farms, lawn companies, and roofing companies that hire foreign labor. My family has a business in law care that is not yet set up to acquire seasonal foreign laborers but if there was a possibility my husband could work for them now rather than when he immigrates they would start the process. I just wanted to put out feelers before they go through that process. It is hard to keep local laborers on because it’s outdoor physical work and a lot of American boys aren’t used to that or don’t want to stick around. 😛

Your family business would have to prove that there are no U.S citizens or green card holders who can fill said position. That's a high bar to prove.

[African Zealot 1,456]

13 hours ago, MadamEspazien said:

I’d like to hear from someone who has tried it. 

Many doctors prescribe treatment for a disease without necessarily having been afflicted by the disease before. The fact that someone has tried something before doesn’t make them an authority on it.

 

These are the facts of immigration, the H2 (unlike the H1) is not a dual intent visa. You’re virtually guaranteed he’s going to be denied with an immigrant petition pending. Of course you’re free donating that application fee to the US government.

Edited January 28, 2022 by African Zealot

[African Zealot 1,456]

9 hours ago, MadamEspazien said:

When I posted this topic I was looking for people who have actually applied for a work visa while pending immigration, not just opinions or guesses. 

Okay. Good luck finding the maybe 4 people out of the 7 billion on earth who applied for an H2 visa with an immigrant petition, and let’s hope one of those 4 people is on VJ and replies your post.

 

Hasta la vista!

[Elise-e-loo 1]

I’m actually so grateful you asked about this because I actually am in the exact same situation and emailed our lawyer a few days ago with the same question. I’ve also asked her about a B2 visa while we wait for this interview. We actually have a 22 month old and have been DQ’d since 2/2021 and are going crazy waiting. I met someone through my work who has a construction business and has gotten foreign workers previously and was really interested in trying to get my husband a visa but we worried it would not be successful since we have the IR1 pending. I travel back and forth to visit him as much as possible but it’s extremely painful to leave every time we have to return to the US. I literally am going crazy looking at every option because having our family torn apart with no end in site is unbearable. I’ve also struggled with being so frustrated and jealous to see K1 visas getting their interviews after a year while we’re waiting closer to 2 for these IR1 interviews. So I wanted to just thank you for asking the question and say that I understand 110%. Stay strong and pray that they start prioritizing reuniting families. 

[MadamEspazien 8]

On 1/27/2022 at 7:38 PM, Cathi said:

Your family business would have to prove that there are no U.S citizens or green card holders who can fill said position. That's a high bar to prove.

Yes I know. I have read into what’s involved and we know several companies that are set up to take foreign workers. And honestly if you own a business, it’s pretty easy to prove that there aren’t enough US citizens to fill the job. Not that there aren’t people but they won’t stick around. Our business hires 10+ guys each season and only 1-2 of them stick around until the end of the year.