How do we go about applying at the same time for H1b and filing I-130? 5 Answers as of January 29, 2014

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?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
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.
Answer Applies to: California
Replied: 1/29/2014
Hoang & Tran PLLC | Adam Tran
You can apply for both. A lawful permanent residency card (ie green card) is always better than temporary work permit because you have a limitation on being a employee and how long you can stay.
Answer Applies to: Texas
Replied: 1/24/2014
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
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.
Answer Applies to: California
Replied: 1/27/2014
Coane and Associates
Coane and Associates | Bruce 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.
Answer Applies to: Texas
Replied: 1/27/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You need to be very careful with what visa you use to enter the United States if the goal is to obtain lawful permanent residence. An H-1B visa would be fine as it allows for dual intent (i.e. you can use a non-immigrant visa with the intent to seek permanent residence) whereas an F-1 student visa does not allow for dual intent. I would encourage you to consult an experienced immigration attorney to discuss the matter further.
Answer Applies to: New York
Replied: 1/27/2014
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