Apply for H-1 B work visa while I-130/K3 in process?

[skp 0]

Can one apply for H-1 B work visa while I-130/K3 in process? Are there any other 'legal' ways to get a spouse to US during the I-130/ K-3 process?

Thanks all!

[Jim♥Michelle 0]

Can one apply for H-1 B work visa while I-130/K3 in process? Are there any other 'legal' ways to get a spouse to US during the I-130/ K-3 process?

Thanks all!

YES your wife can file for H-1B..

"Even though a person is under petition by a family member, they can still be separately petitioned by an employer. There is no law barring a person from simultaneously seeking different immigration benefits.

For a Temporary Working Visa (H-1B ), the basic requirements are:

* You must be a college graduate;

* You must have a financially stable employer in the U.S. who would petition you.

* The employer has a job position related to your college degree.

* The employer is willing to pay you the "prevailing wage" for that job; and

* The job must be real. You must work in that college-level job (i.e. an accountant cannot be petitioned for an H-1B visa to work as a file clerk or secretary, because those are not college-level jobs, and not related to their college degree).

The Temporary Working Visa (H-1B) can be granted in a matter of months, (assuming the 65,000 annual allotment has not been used up). Even if you have a pending family petition, it would not affect your eligibility for the Temporary Working Visa. (This is unlike a Visitor's Visa, where if a person is under petition, it could be grounds for their ineligibility for the Visitor's Visa.) " --- Atty. Gurfinkel

Hope it helps.

ChelBear