QUESTION
How do we go about applying at the same time for H1b and filing I-130?
Asked on Jan 24th, 2014 on Immigration - Texas
More details to this question:
I am a German citizen and am going to marry a U.S. citizen in Germany. We are now unsure when to file the I-130 form, because I am also applying for a post doc in the U.S. where the university would file for a temporary work permit for me. In case I get the job, would the two visa applications interfere with each other?
3 ANSWERS
No, they should not affect one another since H-1B is a dual purpose visa, meaning that you can have immigrant intent (showing by the filing of the I-130) at the same time as applying for a H-1B (nonimmigrant ) visa.
Answered on Jan 29th, 2014 at 7:23 PM
You can concurrently apply for H-1B and a green card since H-1B status allows you to have immigrant intent. This would be different if you would were to come under J-1 as many post docs do. If your fiance has lived with you in Germany, you could apply for your green card through the consulate in Frankfurt in one go. There are other options you may want to discuss with an immigration attorney.
Answered on Jan 27th, 2014 at 4:45 PM
Bruce A. Coane
Right, this is always very complicated, and the answer depends on who needs to be where, and when. I recommend you meet with a board certified immigration lawyer like myself, as it normally takes about 30 minutes to get all the facts and discuss the various options.
Answered on Jan 27th, 2014 at 4:42 PM