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when is the better time to apply for h1

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  • when is the better time to apply for h1

    Hi there,

    I am from India.I have a B1/B2 visitor visa and my fiance has a green card.so far we have enquired for all options and most of them looks like a long process,
    like if we file I-130 its going to take minimum 2-3 yrs for us to live together.so finally we are thinking about some other options.
    well the good point is i have someone to sponsor for my H-1.but we are not sure about my chances of getting h1.

    so now my questions are..

    1. can i go to USA on a visitor visa and can i apply for H1 from there?? Is it good to do that??
    I know If I get H1 i have to come back and stamp it in India.
    but is it good to apply while I m in USA??

    2.how it will affect if we first apply for my I-130 and then in the meantime [waiting period] we also apply for my H1. can i do so?? what are the chances of getting h1 when my I-130 petition is already in the process.

  • #2
    1. You should apply for H1 from home country.
    2. That's not a problem as H1 is considered dual intent visa.
    Immihelp Support
    No legal advice. Use at your own risk.

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