If a K-1 was already filed does that impact an H1-B visa?

[gregm0401 0]

So my fiance and I filed for a K-1 in mid september (I'm a us citizen and she is not) and we're waiting on that. She applied for a job in the US at that time. We were naive I think, thinking that both can happen at the same time, particularly if the job only offered a J-1 visa. Well today that job told her that they can offer her a H1-B . That seems like a good route for the dual intent that she has. But I can't figure out if that will cause a conflict with the K-1 in both directions. Namely:

 

1. If she is denied the H1-B will that impact the K-1?

1. If she is approved the H1-B will that impact the K-1?

 

Maybe that won't matter since we'''ll have a path to be married. But I guess then the question is, are there restrictions or difficulties  with the H1-B that we wouldn't have with the K-1? Is it worth it to give up the K-1 route for H1-B?

 

We are asking a lawyer of course, but they might not get back to us as soon as we or her employer wants given the holidays, so I figured I would ask here because a lot of people seem to be on here that have been through a lot of this.

 

Thanks for reading/resplying. Any advice you can give is greatly appreciated.

[iwannaplay54 985]

Wouldn’t advise dropping the K1 until H1B is in hand after which she can start work, you can marry, and she can transition to green card through I485.

[gregm0401 0]

Hi, thanks for the reply. Sounds like a decent route to have the K-1 going until the H1B is finalized for sure. I wanted to make sure the K-1 being filed won't conflict with the K1B process, approval the most important thing. If it got denied I was also wondering if it would negatively impact the k-1 in case we did have to rely on it? From all my reading it doesn't seem like an issue. Like both can be petitioned but we'll only get one. That's my understanding. Have any insight on these questions? My fiance needs to send an email back to the employer tonight telling them if she approves of them going forward with the H1-B process. Seems like a good idea but we aren't lawyers and I am not getting a response from mine quickly enough. Like I said, from everything I've gathered it's ok. Kinda nervous esp if "BAD" could come from this.