I-140 petition approved in progress. Can I apply to H-1B too?

[bmbraga]

Hi,

My I-140 petition has been approved and now my fianc?e and I will get married soon so that she can be included in the case too. Then we need to wait until USCIS sends my case to NVC, pay fees, send our documents and wait for the case to be sent to Brazil so that we can finally go to the interview. All these steps should take at least 3 months, or so I heard. Then my fianc?e happened to be offered a job now in the US and the company is willing to apply for the H-1B for her since they cannot wait too long. I would like to know if filing H-1B for her while our approved I-140 is in progress is fine or it would jeopardize her I-140 green card. In case there's no problem to do it, what would she have to do to change her status from H-1B to green card when she finally gets it?

Thanks a lot,

Bruno

[inadmissible]

I would like to know if filing H-1B for her while our approved I-140 is in progress is fine or it would jeopardize her I-140 green card. In case there's no problem to do it, what would she have to do to change her status from H-1B to green card when she finally gets it?

That's fine. If she gets her non-immigrant H visa (through her employer) before she receives her immigrant EB visa (through your employer), she can always travel to the United States and begin working on her H visa, and then later apply for adjustment of status (based on your approved & current I-140)

[scientist2016]

Hi,

My I-140 petition has been approved and now my fianc?e and I will get married soon so that she can be included in the case too. Then we need to wait until USCIS sends my case to NVC, pay fees, send our documents and wait for the case to be sent to Brazil so that we can finally go to the interview. All these steps should take at least 3 months, or so I heard. Then my fianc?e happened to be offered a job now in the US and the company is willing to apply for the H-1B for her since they cannot wait too long. I would like to know if filing H-1B for her while our approved I-140 is in progress is fine or it would jeopardize her I-140 green card. In case there's no problem to do it, what would she have to do to change her status from H-1B to green card when she finally gets it?

Thanks a lot,

Bruno

The H1B quota for 2018 has long been consumed. The earliest possible date your fiancee can start working using a H1 is Oct 1st, 2018. For this to happen, the employer needs to file H1 in April, it needs to get picked in the lottery and then visa needs to be granted after the petition is approved by USCIS. All in all it is a long time away. Also, this process has no bearing what so ever on the GC processing.