I'm a Mexican citizen, living and working in Mexico, I'm married with a US resident and we already started a petition for my residence. My priority date is in January 2011 and I've been approved by the USCIS. Since it seems that is taking longer than we expected and we want to be together sooner, My questions are: Can I seek a sponsor company and apply for a work permit? Is there another way to get a work permit? And, is there any other way that I can live in the US legally, even if it means that I could not work?
If you have a bachelors degree or higher and there is a company that wants to sponsor you for a job related to your education, we can apply for H-1B for you. You will have to work for that company throughout the pendency of your wife's petition.
There are many types of visas based on employment in the US. You will need to consult with an immigration lawyer to determine if you are eligible to apply for the work visa.
Since you have already applied for an immigrant visa, your nonimmigrant visa options are limited. See if you qualify for the H-1B, L-1A, L-1B or the E-2 visas. Most are professional or executive visas.
If spouse is a Lawful Permanent Resident, you will need to wait until your Priority Date becomes "current" in order to complete consular processing. That visa category now is "current" for Mexican citizens whose Priority Date is September 22, 2008 or earlier, and since less than a year's backlog is handled each year, it may take considerably more than three years until your Priority Date is reached. In general, someone who has an approved Petition for Relative Alien (Form I-130) will not be eligible for nonimmigrant visas, such as through a sponsoring employer, because the I-130 shows an intention to immigrate permanently into the U.S., and most employment-related visas require someone to intend only to enter the U.S. temporarily and then return abroad. There are exceptions for H-1B and L-1 nonimmigrant visas, for which so-called "dual intent" is recognized, but your question did not include enough information to determine if those categories may be applicable to you. It would be wise to engage an immigration attorney to assess possible immigration eligibilities and strategies.
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