i-130 filing while applying for H1-B 7 year Visa

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ioweuonebuck

Registered Users (C)
I was wondering if some of the experts could chime in on my situation. I want to see what the risks are:

I am on H1-B visa right now. A couple of years ago my company applied for GC via RIR. My labor certification is stuck in a box somewhere in Philly BPC. At any rate, my visa in my passport is expired. It was based on my second 3 year H1-B term. We have filed an I-129 (extension for H1-B 7th year). I have my i-797 in my hand. I am then planning to leave the country and go back to get my VISA in my home country in a few months. Trip is already planned. In the meantime, I am getting married and I am planning to file i-130 next week. I now fill out DS156 and DS157 and it asks me about visa petition such as i-130.
I am afraid that the US consulate with inquire about my i-130 filing. Is there risk in my scenario? More specifically, is there any reason the US consulate would give me a hard time issuing my VISA for the 7th year extension while I am filing my i-130.

So here are my options:

1. File i-130 now and go back home to US Consulate and get a new VISA based on H1-B 7th year
2. First go back home to US Consulate and get a new VISA based on H1-B 7th year and then file i-130 after I receive my visa and after I am back in the US

Any comments and help is appreciated
 
I am not familiar with H1-B extension process. Some questions/comments:

- Are you getting married to a US citizen or permanent resident?
- If you are getting married to a USC, you will be able to file I130 and I485 concurently, get EAD, AP etc. provided you are in USA when you file following your marriage.

Good Luck!
 
Are you getting married to a USC?
If yes, then you shouldnt worry about overstay and most probably, your FB GC will be approved before the EB GC (if you dont get stuck in the FBI namecheck process)

H1-B allows dual intent, so "i guess" you should be fine applying for immigration and renewing your non-immigrant visa at the same time. You should consult a lawyer for a more detailed response.
 
Response

Thanks for your response. Here more info
I will marry a USC. I am already in the US since I work here on H1-B. My visa has expired and I will need to get a new visa to get back in US on H1-B while my i-130 is pending. I was afraid there might be trouble with getting the VISA in the US Embassy since I have filed the I-130 already. Maybe they argue that since I filed the i-130, I should have filed for EAD and travel arrangement (i think i-131) before traveling?? I am not sure if that made sense, but i wonder how risky it is to apply for i130 before going to get my H1-B renewed? If there are risks, then I could always apply for i-130 after receiving the H1B visa extension. I would probably waste 6 weeks of the i-130 process.
Are you sure I can file 130 and 485 at the same time? Does this mean that I can send all the forms and everything all together?

Thanks for the patience and help.
 
ioweuonebuck said:
Thanks for your response. Here more info
I will marry a USC. I am already in the US since I work here on H1-B. My visa has expired and I will need to get a new visa to get back in US on H1-B while my i-130 is pending. I was afraid there might be trouble with getting the VISA in the US Embassy since I have filed the I-130 already. Maybe they argue that since I filed the i-130, I should have filed for EAD and travel arrangement (i think i-131) before traveling?? I am not sure if that made sense, but i wonder how risky it is to apply for i130 before going to get my H1-B renewed? If there are risks, then I could always apply for i-130 after receiving the H1B visa extension. I would probably waste 6 weeks of the i-130 process.
Are you sure I can file 130 and 485 at the same time? Does this mean that I can send all the forms and everything all together?

Thanks for the patience and help.
Click to expand...

As the spouse of a USC, you are eligible to send I-130 along with I-485 and also apply for EAD.

As far as your H1-B visa stamping, i am not sure.
 
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