Work visa while CR1 pending

[Foreverforeign 0]

Me(citizen) and my wife(foreigner) are currently going thru CR-1 process and waiting on i-130. She has just been offered a job in the US by an employer willing to sponsor a work visa. How does getting a work visa effect the CR-1 process? What happens when i-130 is approved? Would she need to leave the country even if she has a work visa?

[Boiler 45,486]

A lot of this depends on the work visa involved, there are many variants 

 

So which one?

[Foreverforeign 0]

50 minutes ago, Boiler said:

A lot of this depends on the work visa involved, there are many variants 

 

So which one?

H1B visa.

[Boiler 45,486]

H1b is dual intent so a couple of options

 

Go back for the immigrant interview

 

File to adjust status in country

 

Just gives you another option.

[Foreverforeign 0]

23 minutes ago, Boiler said:

H1b is dual intent so a couple of options

 

Go back for the immigrant interview

 

File to adjust status in country

 

Just gives you another option.

So if I understand this correctly, we could continue on with CR-1 in parallel while she works in the US or we could file to adjust while she is on the work visa. How would the latter work?

[Boiler 45,486]

The Guides go into detail but essentially you file a I 485

[Bajinga 136]

Note that H1B is a lottery system, Since the H1B cap has already been reached for 2022, the soonest the employer can enter her into the lottery in April 2023.

Edited August 19, 2022 by Bajinga

[Boiler 45,486]

1 minute ago, Bajinga said:

Note that H1B is a lottery system, Since the H1B cap has already been reached for 2022, the soonest they can enter her into the lottery in April 2022.

There is cap and non cap so yes some are subject to the lottery.

[Bajinga 136]

13 minutes ago, Boiler said:

There is cap and non cap so yes some are subject to the lottery.

correct, Universities and related nonprofit entities, nonprofit research organizations and government research organizations are cap exempt. OP if the employer is any of those my above comment might not apply 

Edited August 19, 2022 by Bajinga

[Foreverforeign 0]

Just now, Bajinga said:

correct, Universities and related nonprofit entities, nonprofit research organizations and government research organizations are cap exempt. OP if the employer is any of those my above comment does not apply 

 

7 minutes ago, Boiler said:

There is cap and non cap so yes some are subject to the lottery.

She would be a working for a government research organization so I am assuming the cap would not apply in this case. 

[Boiler 45,486]

Probably not but good to ask.

[Bajinga 136]

3 minutes ago, Foreverforeign said:

 

She would be a working for a government research organization so I am assuming the cap would not apply in this case. 

she should confirm that with the employers immigration Lawyers, they will know.