QUESTION
Can my wife get h1b and start working while GC is being processed?
Asked on Apr 24th, 2013 on Immigration - California
More details to this question:
My wife is Canadian and is going through consular process for GC. She is a doctor that has gotten a residency training spot that provides h1b.
2 ANSWERS
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Unless the employer is not subject to the H cap, there are no more visas available until October 2014. As a basic matter, a person is allowed to have an H while a GC application is pending. She would want to discuss this option with her sponsoring employer in January 2014 and then file on April 1.
Answered on Apr 25th, 2013 at 1:28 PM
Theoretically, yes, she could. However, practically speaking, since the H-1B quota has been reached for this year, there are no more H-1B visas unless she will be working for an employer that is cap-exempt.
Answered on Apr 25th, 2013 at 1:27 PM