QUESTION
If my I-130 form (1st family preference) was approved and transferred to NVC, can I apply for a work permit, H1B visa?
Asked on Feb 12th, 2014 on Immigration - Michigan
More details to this question:
I'm over 21, my I-130 form was approved and transferred to NVC. I received a letter from NVC, which advised me that my case is in pending due to numerical limit. I'm currently in discussion with an international Bank to be hired like IT support. Does the approval of my I-130 form family first preference can affect the delivery of the H1 visa by USCIS? Thanks in advance for your clear answer.
3 ANSWERS
Adebola O. Asekun
An approved I-130 petition, even one with a current priority date does not give you the opportunity to apply for a work permit. You can apply for a work permit only if you file a form I-485 adjustment of status application. If you are beneficiary of an H1B petition for nonimmigrant worker, you may apply for a work permit to work for the US employer.
Answered on Feb 24th, 2014 at 7:05 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
H-1B is a dual-intent category so there is no problem with our having an I-130 approval.
Answered on Feb 18th, 2014 at 10:31 AM
You can apply for H-1B since it is a dual intent visa.
Answered on Feb 18th, 2014 at 10:29 AM