Employer filing for H1 while I-130 Pending

V

ventzi75

Registered Users (C)
I am a student who graduated in USA currently working on OPT and holding F1 status. I married to a US Citizen here in the US couple of days ago and I haven't submitted any applications to USCIS yet. Can anybody answer my questions?

1. Can my employer file for my H1-B (I-129) while my I-130 based on marriage to US Citizen is pending? I don't want to be too dependent on my spouse for my status in the US. Any consequences for both applications?

2. If it is possible and H1 status is granted and I-130 denied can I stay and work legally for that employer and also travel/apply for an H1B visa outside of US? Would my H1B status be jeopardized because of the I-130 denial? Would it be jeopardized if I also submitted I-485 and was denied?

3. The interview is required for I-130 or for I-485 application if you file them separately?

I know those questions are too pessimistic but that's my motto: Prepare for the worst and hope for the best. Any help and similar experiences would be greatly appreciated. Thanks.
 
ventzi75 said:
I am a student who graduated in USA currently working on OPT and holding F1 status. I married to a US Citizen here in the US couple of days ago and I haven't submitted any applications to USCIS yet. Can anybody answer my questions?

1. Can my employer file for my H1-B (I-129) while my I-130 based on marriage to US Citizen is pending? I don't want to be too dependent on my spouse for my status in the US. Any consequences for both applications?

2. If it is possible and H1 status is granted and I-130 denied can I stay and work legally for that employer and also travel/apply for an H1B visa outside of US? Would my H1B status be jeopardized because of the I-130 denial? Would it be jeopardized if I also submitted I-485 and was denied?

3. The interview is required for I-130 or for I-485 application if you file them separately?

I know those questions are too pessimistic but that's my motto: Prepare for the worst and hope for the best. Any help and similar experiences would be greatly appreciated. Thanks.
Click to expand...

Can I ask you, why did you get married?
 
your H1

Your h1 is nothing to do with I 130 filing. go ahead with H1 and get it approved.
For I 130 no interview if you file separately.
 
great guru said:
Your h1 is nothing to do with I 130 filing. go ahead with H1 and get it approved.
For I 130 no interview if you file separately.
Click to expand...

That doesn't make sense whatsoever. Why would the person file both petitions?
 
Thanks for replying. I haven't submitted any applications yet.

I think I found the answer for part of my #2 question (Can I travel/apply for an H1B visa outside of US if I-130 is pending?). That's not a good idea because the visa form has a question "Has anyone filed an immigrant petition for you?" and even though H1B is a dual intent visa it's risky.
 
You must log in or register to reply here.
Top