H-1B Visa
Dec 7th 2002, 2:04 am
#1
Guest
Posts: n/a
H-1B Visa
I'm 4,5 year LPR and filed I-130 for my wife in September 02.
Is there still possibility to apply for H-1B without any negative future
impacts for I-130, even if application for H-1B is denied?
Is there still possibility to apply for H-1B without any negative future
impacts for I-130, even if application for H-1B is denied?
Dec 7th 2002, 4:03 am
#2
Guest
Posts: n/a
Re: H-1B Visa
LPR wrote:
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
The H1 allows immigration intent, so there should be no problem to apply
for it.
As for the impact of an H1 denial, that depends on the grounds for the
denial. A denial for health reasons or for fraud would have a wide
impact.
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
The H1 allows immigration intent, so there should be no problem to apply
for it.
As for the impact of an H1 denial, that depends on the grounds for the
denial. A denial for health reasons or for fraud would have a wide
impact.
Dec 7th 2002, 11:45 am
#3
Guest
Posts: n/a
Re: H-1B Visa
No, I didn't mean to commit any kind of fraud.
Would INS see H1 application as the way to go around waiting line for 130
visa number, which will not be available for next year and have or so?
Should I be worry about it at all?
Thank you.
"Joachim Feise" wrote in message
news:[email protected]...
> LPR wrote:
> > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > Is there still possibility to apply for H-1B without any negative future
> > impacts for I-130, even if application for H-1B is denied?
> The H1 allows immigration intent, so there should be no problem to apply
> for it.
> As for the impact of an H1 denial, that depends on the grounds for the
> denial. A denial for health reasons or for fraud would have a wide
> impact.
Would INS see H1 application as the way to go around waiting line for 130
visa number, which will not be available for next year and have or so?
Should I be worry about it at all?
Thank you.
"Joachim Feise" wrote in message
news:[email protected]...
> LPR wrote:
> > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > Is there still possibility to apply for H-1B without any negative future
> > impacts for I-130, even if application for H-1B is denied?
> The H1 allows immigration intent, so there should be no problem to apply
> for it.
> As for the impact of an H1 denial, that depends on the grounds for the
> denial. A denial for health reasons or for fraud would have a wide
> impact.
Dec 7th 2002, 11:47 am
#4
Guest
Posts: n/a
Re: H-1B Visa
....year and half...of course.
"LPR" wrote in message
news:[email protected]...
> No, I didn't mean to commit any kind of fraud.
> Would INS see H1 application as the way to go around waiting line for 130
> visa number, which will not be available for next year and have or so?
> Should I be worry about it at all?
> Thank you.
> "Joachim Feise" wrote in message
> news:[email protected]...
> > LPR wrote:
> > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > Is there still possibility to apply for H-1B without any negative
future
> > > impacts for I-130, even if application for H-1B is denied?
> >
> > The H1 allows immigration intent, so there should be no problem to apply
> > for it.
> > As for the impact of an H1 denial, that depends on the grounds for the
> > denial. A denial for health reasons or for fraud would have a wide
> > impact.
> >
"LPR" wrote in message
news:[email protected]...
> No, I didn't mean to commit any kind of fraud.
> Would INS see H1 application as the way to go around waiting line for 130
> visa number, which will not be available for next year and have or so?
> Should I be worry about it at all?
> Thank you.
> "Joachim Feise" wrote in message
> news:[email protected]...
> > LPR wrote:
> > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > Is there still possibility to apply for H-1B without any negative
future
> > > impacts for I-130, even if application for H-1B is denied?
> >
> > The H1 allows immigration intent, so there should be no problem to apply
> > for it.
> > As for the impact of an H1 denial, that depends on the grounds for the
> > denial. A denial for health reasons or for fraud would have a wide
> > impact.
> >
Dec 7th 2002, 5:14 pm
#5
Guest
Posts: n/a
Re: H-1B Visa
"LPR" wrote in message
news:[email protected]...
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
Your wife may be eligible to apply for an immigrant visa and AOS. To
qualify as a derivative, two things should have happened. 1. You must have
married prior to your 485 approval. 2. She must apply for either an
immigrant visa or AOS within one year of your approval.
I have never heard of an LPR maintaining H-1 status. I do not think you can
do that.
Lila
news:[email protected]...
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
Your wife may be eligible to apply for an immigrant visa and AOS. To
qualify as a derivative, two things should have happened. 1. You must have
married prior to your 485 approval. 2. She must apply for either an
immigrant visa or AOS within one year of your approval.
I have never heard of an LPR maintaining H-1 status. I do not think you can
do that.
Lila
Dec 7th 2002, 8:19 pm
#6
Just Joined
Joined: Dec 2002
Posts: 8
Re: H-1B Visa
I am in a similar situation myself. LPR for 5 years and a Japanese wife. We have waited for I 130 for 3 1/2 years with still 2 more to go
http://travel.state.gov/visa_bulletin.html 2A second preference
If you are LPR 4.5 years wait 3 months and apply for citizenship (90 days before 5 years in status), current processing around a year. When you have citizenship your 485 AOS is automatic (eventually).
I suspect if you file H1 then you will lose LPR.
If you get H1 your spouse gets an H4 (legal resident - can not work). If you then re-aplied for green card then your spouse would get green card at the same time as you. (A risky option that I did consider)
B visa is no longer an option for your wife. How about F (student) or can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern - self supported) are other options, as well as out and back in every 3 months until the INS figure out she is living here.
I always end all advice with - talk to an immigration attorney.
http://travel.state.gov/visa_bulletin.html 2A second preference
If you are LPR 4.5 years wait 3 months and apply for citizenship (90 days before 5 years in status), current processing around a year. When you have citizenship your 485 AOS is automatic (eventually).
I suspect if you file H1 then you will lose LPR.
If you get H1 your spouse gets an H4 (legal resident - can not work). If you then re-aplied for green card then your spouse would get green card at the same time as you. (A risky option that I did consider)
B visa is no longer an option for your wife. How about F (student) or can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern - self supported) are other options, as well as out and back in every 3 months until the INS figure out she is living here.
I always end all advice with - talk to an immigration attorney.
Last edited by lmysrfr; Dec 7th 2002 at 8:22 pm.
Dec 8th 2002, 11:01 am
#7
Guest
Posts: n/a
Re: H-1B Visa
Please tell me, what AOS stands for?
"lmysrfr" wrote in message
news:[email protected]...
> I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> We have waited for I 130 for 3 1/2 years with still 2 more to go
> http://travel.state.gov/visa_bulletin.html 2A second
> preference
> If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> days before 5 years in status), current processing around a year. When
> you have citizenship your 485 AOS is automatic (eventually).
> I suspect if you file H1 then you will lose LPR.
> If you get H1 your spouse gets an H4 (legal resident - can not work). If
> you then re-aplied for green card then your spouse would get green card
> at the same time as you. (A risky option that I did consider)
> B visa is no longer an option for your wife. How about F (student) or
> can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> self supported) are other options, as well as out and back in every 3
> months until the INS figure out she is living here.
> I always end all advice with - talk to an immigration attorney.
> --
> Posted via http://britishexpats.com
"lmysrfr" wrote in message
news:[email protected]...
> I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> We have waited for I 130 for 3 1/2 years with still 2 more to go
> http://travel.state.gov/visa_bulletin.html 2A second
> preference
> If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> days before 5 years in status), current processing around a year. When
> you have citizenship your 485 AOS is automatic (eventually).
> I suspect if you file H1 then you will lose LPR.
> If you get H1 your spouse gets an H4 (legal resident - can not work). If
> you then re-aplied for green card then your spouse would get green card
> at the same time as you. (A risky option that I did consider)
> B visa is no longer an option for your wife. How about F (student) or
> can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> self supported) are other options, as well as out and back in every 3
> months until the INS figure out she is living here.
> I always end all advice with - talk to an immigration attorney.
> --
> Posted via http://britishexpats.com
Dec 8th 2002, 11:06 am
#8
Guest
Posts: n/a
Re: H-1B Visa
Adjustment of status?
"LPR" wrote in message
news:[email protected]...
> Please tell me, what AOS stands for?
> "lmysrfr" wrote in message
> news:[email protected]...
> >
> > I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> > We have waited for I 130 for 3 1/2 years with still 2 more to go
> >
> > http://travel.state.gov/visa_bulletin.html 2A second
> > preference
> >
> > If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> > days before 5 years in status), current processing around a year. When
> > you have citizenship your 485 AOS is automatic (eventually).
> >
> > I suspect if you file H1 then you will lose LPR.
> >
> > If you get H1 your spouse gets an H4 (legal resident - can not work). If
> > you then re-aplied for green card then your spouse would get green card
> > at the same time as you. (A risky option that I did consider)
> >
> > B visa is no longer an option for your wife. How about F (student) or
> > can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> > self supported) are other options, as well as out and back in every 3
> > months until the INS figure out she is living here.
> >
> > I always end all advice with - talk to an immigration attorney.
> >
> > --
> > Posted via http://britishexpats.com
"LPR" wrote in message
news:[email protected]...
> Please tell me, what AOS stands for?
> "lmysrfr" wrote in message
> news:[email protected]...
> >
> > I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> > We have waited for I 130 for 3 1/2 years with still 2 more to go
> >
> > http://travel.state.gov/visa_bulletin.html 2A second
> > preference
> >
> > If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> > days before 5 years in status), current processing around a year. When
> > you have citizenship your 485 AOS is automatic (eventually).
> >
> > I suspect if you file H1 then you will lose LPR.
> >
> > If you get H1 your spouse gets an H4 (legal resident - can not work). If
> > you then re-aplied for green card then your spouse would get green card
> > at the same time as you. (A risky option that I did consider)
> >
> > B visa is no longer an option for your wife. How about F (student) or
> > can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> > self supported) are other options, as well as out and back in every 3
> > months until the INS figure out she is living here.
> >
> > I always end all advice with - talk to an immigration attorney.
> >
> > --
> > Posted via http://britishexpats.com
Dec 8th 2002, 4:19 pm
#9
Guest
Posts: n/a
Re: H-1B Visa
LPR wrote:
> Please tell me, what AOS stands for?
Adjustment of Status. That is what you apply for with the form I-485.
> Please tell me, what AOS stands for?
Adjustment of Status. That is what you apply for with the form I-485.
Dec 8th 2002, 8:32 pm
#10
Just Joined
Joined: Dec 2002
Posts: 8
Re: H-1B Visa
Sorry
Yes, Adjustment of Status.
Yes, Adjustment of Status.
Dec 9th 2002, 5:21 pm
#11
Guest
Posts: n/a
Re: H-1B Visa
"LPR" wrote in message
news:[email protected]...
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
Are you talking about your *wife* getting H-1B status, or *you* getting H-1B
status?
If you are talking about your wife, there is no problem with her getting
H-1B status. That status allows dual intent.
If you are talking about yourself, then yes, there is a huge problem. You
would have to formally abandon your permanent resident status at a U.S.
consular post abroad before you could get a H-1B visa stamp, and enter the
U.S. in H-1B status.
The I-130 would immediately be cancelled, because the petitioner would no
longer be a U.S. permanent resident.
Some people have actually done this maneuver, because the spouse can get H-4
and remain with them in the U.S.
However, you are so close to U.S. citizenship it does not seem worthwhile.
news:[email protected]...
> I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> Is there still possibility to apply for H-1B without any negative future
> impacts for I-130, even if application for H-1B is denied?
Are you talking about your *wife* getting H-1B status, or *you* getting H-1B
status?
If you are talking about your wife, there is no problem with her getting
H-1B status. That status allows dual intent.
If you are talking about yourself, then yes, there is a huge problem. You
would have to formally abandon your permanent resident status at a U.S.
consular post abroad before you could get a H-1B visa stamp, and enter the
U.S. in H-1B status.
The I-130 would immediately be cancelled, because the petitioner would no
longer be a U.S. permanent resident.
Some people have actually done this maneuver, because the spouse can get H-4
and remain with them in the U.S.
However, you are so close to U.S. citizenship it does not seem worthwhile.
Dec 9th 2002, 9:47 pm
#12
Guest
Posts: n/a
Re: H-1B Visa
I was talking about my wife getting H-1B, not me. I'll be ablle to apply for
citizenship next March, then a year or so later file K-3. Just looking for
faster way to bring her in without any complications for existing
process(I-130).
Is H-1B might be faster?
Thank you for reply.
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "LPR" wrote in message
> news:[email protected]...
> > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > Is there still possibility to apply for H-1B without any negative future
> > impacts for I-130, even if application for H-1B is denied?
> Are you talking about your *wife* getting H-1B status, or *you* getting
H-1B
> status?
> If you are talking about your wife, there is no problem with her getting
> H-1B status. That status allows dual intent.
> If you are talking about yourself, then yes, there is a huge problem. You
> would have to formally abandon your permanent resident status at a U.S.
> consular post abroad before you could get a H-1B visa stamp, and enter the
> U.S. in H-1B status.
> The I-130 would immediately be cancelled, because the petitioner would no
> longer be a U.S. permanent resident.
> Some people have actually done this maneuver, because the spouse can get
H-4
> and remain with them in the U.S.
> However, you are so close to U.S. citizenship it does not seem worthwhile.
citizenship next March, then a year or so later file K-3. Just looking for
faster way to bring her in without any complications for existing
process(I-130).
Is H-1B might be faster?
Thank you for reply.
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "LPR" wrote in message
> news:[email protected]...
> > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > Is there still possibility to apply for H-1B without any negative future
> > impacts for I-130, even if application for H-1B is denied?
> Are you talking about your *wife* getting H-1B status, or *you* getting
H-1B
> status?
> If you are talking about your wife, there is no problem with her getting
> H-1B status. That status allows dual intent.
> If you are talking about yourself, then yes, there is a huge problem. You
> would have to formally abandon your permanent resident status at a U.S.
> consular post abroad before you could get a H-1B visa stamp, and enter the
> U.S. in H-1B status.
> The I-130 would immediately be cancelled, because the petitioner would no
> longer be a U.S. permanent resident.
> Some people have actually done this maneuver, because the spouse can get
H-4
> and remain with them in the U.S.
> However, you are so close to U.S. citizenship it does not seem worthwhile.
Dec 9th 2002, 10:03 pm
#13
Guest
Posts: n/a
Re: H-1B Visa
Yes, of course. An H-1B petition can take as little as two weeks, if
premium processing is used, and you would count on perhaps another two weeks
to one month of time taken in the attorney's office and in a couple of other
government processes prior to filing with INS.
"LPR" wrote in message
news:[email protected]...
> I was talking about my wife getting H-1B, not me. I'll be ablle to apply
for
> citizenship next March, then a year or so later file K-3. Just looking for
> faster way to bring her in without any complications for existing
> process(I-130).
> Is H-1B might be faster?
> Thank you for reply.
> "Sylvia Ottemoeller" wrote in message
> news:[email protected]...
> >
> > "LPR" wrote in message
> > news:[email protected]...
> >
> > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > Is there still possibility to apply for H-1B without any negative
future
> > > impacts for I-130, even if application for H-1B is denied?
> >
> > Are you talking about your *wife* getting H-1B status, or *you* getting
H-1B
> > status?
> >
> > If you are talking about your wife, there is no problem with her getting
> > H-1B status. That status allows dual intent.
premium processing is used, and you would count on perhaps another two weeks
to one month of time taken in the attorney's office and in a couple of other
government processes prior to filing with INS.
"LPR" wrote in message
news:[email protected]...
> I was talking about my wife getting H-1B, not me. I'll be ablle to apply
for
> citizenship next March, then a year or so later file K-3. Just looking for
> faster way to bring her in without any complications for existing
> process(I-130).
> Is H-1B might be faster?
> Thank you for reply.
> "Sylvia Ottemoeller" wrote in message
> news:[email protected]...
> >
> > "LPR" wrote in message
> > news:[email protected]...
> >
> > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > Is there still possibility to apply for H-1B without any negative
future
> > > impacts for I-130, even if application for H-1B is denied?
> >
> > Are you talking about your *wife* getting H-1B status, or *you* getting
H-1B
> > status?
> >
> > If you are talking about your wife, there is no problem with her getting
> > H-1B status. That status allows dual intent.
Dec 9th 2002, 10:16 pm
#14
Guest
Posts: n/a
Re: H-1B Visa
Have you consider applying for V visa for your wife?
http://www.ins.gov/graphics/publicaf...fevvisarel.htm
"lmysrfr" wrote in message
news:[email protected]...
> I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> We have waited for I 130 for 3 1/2 years with still 2 more to go
> http://travel.state.gov/visa_bulletin.html 2A second
> preference
> If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> days before 5 years in status), current processing around a year. When
> you have citizenship your 485 AOS is automatic (eventually).
> I suspect if you file H1 then you will lose LPR.
> If you get H1 your spouse gets an H4 (legal resident - can not work). If
> you then re-aplied for green card then your spouse would get green card
> at the same time as you. (A risky option that I did consider)
> B visa is no longer an option for your wife. How about F (student) or
> can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> self supported) are other options, as well as out and back in every 3
> months until the INS figure out she is living here.
> I always end all advice with - talk to an immigration attorney.
> --
> Posted via http://britishexpats.com
http://www.ins.gov/graphics/publicaf...fevvisarel.htm
"lmysrfr" wrote in message
news:[email protected]...
> I am in a similar situation myself. LPR for 5 years and a Japanese wife.
> We have waited for I 130 for 3 1/2 years with still 2 more to go
> http://travel.state.gov/visa_bulletin.html 2A second
> preference
> If you are LPR 4.5 years wait 3 months and apply for citizenship (90
> days before 5 years in status), current processing around a year. When
> you have citizenship your 485 AOS is automatic (eventually).
> I suspect if you file H1 then you will lose LPR.
> If you get H1 your spouse gets an H4 (legal resident - can not work). If
> you then re-aplied for green card then your spouse would get green card
> at the same time as you. (A risky option that I did consider)
> B visa is no longer an option for your wife. How about F (student) or
> can she get a sponsored H 1 job for herself. H3 (trainee) or J (intern -
> self supported) are other options, as well as out and back in every 3
> months until the INS figure out she is living here.
> I always end all advice with - talk to an immigration attorney.
> --
> Posted via http://britishexpats.com
Dec 9th 2002, 11:46 pm
#15
Guest
Posts: n/a
Re: H-1B Visa
Thank you, Sylvia.
Is there any services, that help you find an employer?
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> Yes, of course. An H-1B petition can take as little as two weeks, if
> premium processing is used, and you would count on perhaps another two
weeks
> to one month of time taken in the attorney's office and in a couple of
other
> government processes prior to filing with INS.
> "LPR" wrote in message
> news:[email protected]...
> > I was talking about my wife getting H-1B, not me. I'll be ablle to apply
> for
> > citizenship next March, then a year or so later file K-3. Just looking
for
> > faster way to bring her in without any complications for existing
> > process(I-130).
> > Is H-1B might be faster?
> > Thank you for reply.
> > "Sylvia Ottemoeller" wrote in message
> > news:[email protected]...
> > >
> > > "LPR" wrote in message
> > > news:[email protected]...
> > >
> > > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > > Is there still possibility to apply for H-1B without any negative
> future
> > > > impacts for I-130, even if application for H-1B is denied?
> > >
> > > Are you talking about your *wife* getting H-1B status, or *you*
getting
> H-1B
> > > status?
> > >
> > > If you are talking about your wife, there is no problem with her
getting
> > > H-1B status. That status allows dual intent.
Is there any services, that help you find an employer?
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> Yes, of course. An H-1B petition can take as little as two weeks, if
> premium processing is used, and you would count on perhaps another two
weeks
> to one month of time taken in the attorney's office and in a couple of
other
> government processes prior to filing with INS.
> "LPR" wrote in message
> news:[email protected]...
> > I was talking about my wife getting H-1B, not me. I'll be ablle to apply
> for
> > citizenship next March, then a year or so later file K-3. Just looking
for
> > faster way to bring her in without any complications for existing
> > process(I-130).
> > Is H-1B might be faster?
> > Thank you for reply.
> > "Sylvia Ottemoeller" wrote in message
> > news:[email protected]...
> > >
> > > "LPR" wrote in message
> > > news:[email protected]...
> > >
> > > > I'm 4,5 year LPR and filed I-130 for my wife in September 02.
> > > > Is there still possibility to apply for H-1B without any negative
> future
> > > > impacts for I-130, even if application for H-1B is denied?
> > >
> > > Are you talking about your *wife* getting H-1B status, or *you*
getting
> H-1B
> > > status?
> > >
> > > If you are talking about your wife, there is no problem with her
getting
> > > H-1B status. That status allows dual intent.