I130 and working in the United States

[woodywood]

I am currently a tourist in the united states. I've been here for about two months. My boyfriend and I will be getting married here next month. He will be filing I130 as soon as we're married. With the soon pending petition, can I still go back home to India? If YES, would it be possible for me to come back using my tourist visa despite the pending petition? If I decide to stay in the US while waiting for the outcome of the petition, can I apply for an H1B visa so I can work in the US?

Thanks!

[yandresyuk]

Unfortunately you got the whole process confused.
1. Once you have I-130 pending you cannot enter the US on a tourist visa.
2. You have a number of options that you can choose from: adjusting your status while in the US or adjusting it outside the US. If you go the "adjusting in the US" route, there are certain forms that you can file in order to be able to work here while your status is pending and H1B has nothing to do with it

[curiousone]

I am currently a tourist in the united states. I've been here for about two months. My boyfriend and I will be getting married here next month. He will be filing I130 as soon as we're married. With the soon pending petition, can I still go back home to India? If YES, would it be possible for me to come back using my tourist visa despite the pending petition? If I decide to stay in the US while waiting for the outcome of the petition, can I apply for an H1B visa so I can work in the US?

Thanks!

You didnt say but Im writing this on the assumption that hes a USC. Once he files the I-130 ( petition to classify you as a alien relative) and you file I-485, ( application to adjust status) youll also have to file a I-131 ( advance parole) which will allow for travel in and out of the US while the I-485 is pending. Filing the I-485 also allow you to file I-765 ( application for emplyment authorization ) and once approved ( 60-90 days) youll be able to work while waiting on the GC.

If hes not a citizen , but merely a GC holder, youll not be able to file a I-485, I-131 or I-765. Yes, youll be able to travel on your US visa while the I-130 is pending BUT each time you try to enter the US, the officer will exercise his discretion as whether or not you intend to remain, considering that you hav e ahusband living in the US. You would also be able to apply for a H visa

[saxonspirit]

I-130 - entry while pending?

HI, I'm hoping anyone can give me some advice...
My stepmom (USC) has recently submitted and I-130 for myself (43yrs) and my son (19 yrs)... Obviously this is has a really long waiting time. I have my priority date being June 17, 2011..

My dad (LPR) is not very well and him and my stepmom run their own little business. He is not coping with is workload and due to this my stepmom is having to take up the slack which she is battling to cope with too.

My question is this: is there any way that we could enter into the States while our petition is still pending to go and help them with their business and stay there?

[mtouch]

HI, I'm hoping anyone can give me some advice...
My stepmom (USC) has recently submitted and I-130 for myself (43yrs) and my son (19 yrs)... Obviously this is has a really long waiting time. I have my priority date being June 17, 2011..

My dad (LPR) is not very well and him and my stepmom run their own little business. He is not coping with is workload and due to this my stepmom is having to take up the slack which she is battling to cope with too.

My question is this: is there any way that we could enter into the States while our petition is still pending to go and help them with their business and stay there?

The business owner (is it your dad or stepmom) may file an employment-based visa for you. Search about it in the internet.

[saxonspirit]

Thanks

Thanks mtouch for replying...

The business is in both their names as far as I know. I had looked at the work visa on the net, but it seems that this would only be valid for a maximum period of 3 years - then what ??? As far as I can see if my priority date is June 17, 2011 - we have way more than 3 years to wait..

[mtouch]

Thanks mtouch for replying...

The business is in both their names as far as I know. I had looked at the work visa on the net, but it seems that this would only be valid for a maximum period of 3 years - then what ??? As far as I can see if my priority date is June 17, 2011 - we have way more than 3 years to wait..

Employment-based visas lead to greencard too. Normally it takes less time than family-based petitions.

[saxonspirit]

Thanks

Employment-based visas lead to greencard too. Normally it takes less time than family-based petitions.

Thanks again for replying - I had looked at that option being that its a family business and they want my son and I to help them run it... but I cant seem to find any clarity on whether we could apply for a work visa if our I-130 is pending??? Would they not refuse it?? Am I correct in saying this would be the H1B visa?

[mtouch]

Thanks again for replying - I had looked at that option being that its a family business and they want my son and I to help them run it... but I cant seem to find any clarity on whether we could apply for a work visa if our I-130 is pending??? Would they not refuse it?? Am I correct in saying this would be the H1B visa?

You can apply for as many types of visas, even concurrently. H1B is for professionals who graduated with at least a 4-yr college degree. You may qualify for any of the ff (whichever is applicable to you):

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

[ShawniRae]

curious

I came to the us on a j1 visa in 2010 and applied for a change of status.. my sister had filed an i130 for me in 2009.... the change of status is still pending and we were told her petition was approved and we are now waiting on a visa number.. my original j1 visa is expired. but with the f1 pending and the i130 pending can i travel on domestic flights without worry?