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Am i qualified for an H1 or H1-b visa while my LPR husband filed an I-130 petition last dec. 2005?

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Am i qualified for an H1 or H1-b visa while my LPR husband filed an I-130 petition last dec. 2005?

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  1. If I understand your question correctly, you wonder if you will be able to get an H1 visa even though you are an intending immigrant.  The answer is yes, having an immigrant petition pending is not grounds to refuse an H1 visa.  You still, of course, must qualify for the H visa through an employer, but you cannot be refused because you are an intending immigrant.

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