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Complicated H-2B question

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  • Complicated H-2B question

    My husband is Canadian, I am American. He is a professional hockey player, and has been working in the US on H-2B visas in the past. The past two years (since our wedding) we have lived overseas. We started the immigrant visa application in November 2006 by sending in the I-130. We never got to the point of sending in our DS-230 because we realized we would live overseas for a while and his visa wasn't necessary.

    Now he has been offered a job in the US, and will require an H-2B. Will the previously filed I-130 raise a red flag that he is intending to stay permanently (he isn't, we plan to go back to Europe after a year or so)? Or will it be a non-issue? Should we proceed with his immigrant visa now within the U.S. and hope he gets clearance to work within the next 4 months?

    TIA

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