Immigration of spouse who could get H1-B

[arash82]

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[rvisak]

you can initiate her green card while she comes here on her H1-B...there is nothing stopping her from getting into US on a H1 irrespective of whether you initiate her green card when she is in UK or US

[arash82]

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[rvisak]

you are right that H1 allows for dual intent - and the rejection because someone has applied for a green card is an urban legend basically ! the officers are not there to reject cases, they are there to reject "fraud" cases...in fact my company filed my green card in Oct 2011 and in Dec 2011 I had a succesful stamping on my L1...the officers cannot legally reject a H1 on the grounds that a green card has been filed for the applicant

it is up to you which route you choose to go...the wait time is typically 6-7 yrs if you file for her...hence the earlier you file the better it is.

[arash82]

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[rvisak]

Thanks again!

If it takes 6-7 years, i would prefer not to apply for her visa at all, and she enters using H1-B, we will marry here (again without applying for her), and after 5-6 years that I become citizen, we can do it much faster...

consult an attorney on the best way to go...6-7 yrs is based on what I had read on the net...but to address ur initial concern, you can file a green card before/during/after the H1

[arash82]

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[rvisak]

the situation you have mentioned is a different ball game

1) Visas like F1's, business visas - DO NOT ALLOW immigration intent - so with a green card pending, the chances of procuring a visa in this category are low

2) L1 or a H1- allow for immigration intent. Hence a pending green card application should not have any consequence on your chances of procuring a visa