Almost have a K1, but now, an employer wants to sponsor?

[cmoore25 4]

Just finished talking to my fiance. We are waiting for the interview letter for the K1.

He has contacted a head hunter to help start looking for jobs in the area (really, we were just trying to plan ahead b/c we are aware that work authorization can/will take at least 90 days after we are married). ANYWAY...his head hunter contacted a company, who is interested in hiring him, however, they had a question.

Once he has entered on a K1 and is married - can they sponsor him with a work visa? Or does he have to go through AOS and wait for the work authorization?

I have no idea if this is a possibility, but, I'm thinking not. I just don't know why. Any thoughts?

[az110965 252]

If your fiance enters the USA under the provisions of the K-1 he can not work until AOS and EAD. He can not be sponsored by a prospective employer for a work visa if he entered the USA on a K-1.

So... Either he comes on a work visa (which means you abandon your K-1 - which makes no sense), or you continue on your path - he comes on the K-1 and you AOS as soon as possible.

[az110965 252]

Also forgot to mention...

IF for some reason he came on a work visa (if you happened to abandon your K-1), and you later marry here - that could be construed as a material misrepresentation that he married you here in the USA while under the provision of a work visa (with the prior I-129F petition you filed).

[Rebecca Jo 1,962]

Work sponsorship doesn't happen as often as we like to think. Generally only larger firms fish outside of local waters for highly skilled aliens.

Is there something that makes you think this employer would be willing to sponsor him? And if they would, would you be willing to stop the K1 in order to wait for the work visa? Because he can't enter the US on a K1, and then turn around, go back home, and wait for another visa. Well - he could - but that would make your hard work so far all for nothing.

If your fiance enters the USA under the provisions of the K-1 he can not work until AOS and EAD. He can not be sponsored by a prospective employer for a work visa if he entered the USA on a K-1.

So... Either he comes on a work visa (which means you abandon your K-1 - which makes no sense), or you continue on your path - he comes on the K-1 and you AOS as soon as possible.

It might make sense if the guy is highly skilled and the job pays big bucks.

And if the work visa were dual intent, meaning he could marry and adjust status with no risk.

[Robert&Karen 264]

Best for everyone: He comes on a K-1 and the company reimburses you all as his starting bonus once he has his GC. It is a LOT cheaper for them this way.

[Rebecca Jo 1,962]

Best for everyone: He comes on a K-1 and the company reimburses you all as his starting bonus once he has his GC. It is a LOT cheaper for them this way.

What do you mean, reimburse his starting bonus?

[Harpa Timsah 13,258]

Best for everyone: He comes on a K-1 and the company reimburses you all as his starting bonus once he has his GC. It is a LOT cheaper for them this way.

Good idea!

[Robert&Karen 264]

Reimburse the beneficiary the cost of the k1 visa, call it a bonus for taking the job. That way the company pays WAY less than they normally would, and that way you as a couple save a few bucks.

[Rebecca Jo 1,962]

Also forgot to mention...

IF for some reason he came on a work visa (if you happened to abandon your K-1), and you later marry here - that could be construed as a material misrepresentation that he married you here in the USA while under the provision of a work visa (with the prior I-129F petition you filed).

Some work visas are dual intent, so there is no material misrepresentation if the alien married and adjusts status.

http://britishexpats.com/wiki/Pulaski%27s_Ways%3A_How_to_Live_and_Work_in_the_USA

"You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience ( 3 years experience for each year of a 4 year degree missing of study). Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependent spouse may not work. Employer can apply to sponsor you in April for an Oct start of the fiscal year, but there is a limited number of visa's issued, current cap of 65K visa's, which fill up quickly, unless the position is exempt from the cap, such as a university position. Dual-intent visa. Search in forums for: H1B Visa

You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer.

You have a multinational employer who is willing to transfer you, and the company you work for has significant trade between your home country and the US. You also have specialist skills which are essential to the operation of the company. Your dependent spouse may work subject to approval. Search for:E1 Treaty trader. This category is designated for persons engaged in international trade between the U.S. and the aliens’ countries of nationality."

Reimburse the beneficiary the cost of the k1 visa, call it a bonus for taking the job. That way the company pays WAY less than they normally would, and that way you as a couple save a few bucks.

Well, that's an odd concept.

If he's coming over anyway, why would they do that?

What is your suggestion for when he can begin work if he arrives on the K1?

[cmoore25 4]

Thank you for the advice - I knew somebody would have a better answer than mine - which was just "you can't do that!" lol - and he wasn't taking that!

Rebecca Jo - yes, he has a very high security clearance in a very specialized field...However, even if we have to wait, I'm pretty sure the company will hold the spot for him. I just wanted to have an answer to his question! And no - we will NOT abandon the K1 process - we've gone through too much and come too far! Lol

Thank you all!

[Rebecca Jo 1,962]

Thank you for the advice - I knew somebody would have a better answer than mine - which was just "you can't do that!" lol - and he wasn't taking that!

Rebecca Jo - yes, he has a very high security clearance in a very specialized field...However, even if we have to wait, I'm pretty sure the company will hold the spot for him. I just wanted to have an answer to his question! And no - we will NOT abandon the K1 process - we've gone through too much and come too far! Lol

Thank you all!

Ah, very good! I wish you both much success!

He doesn't want to work before he has his EAD, no matter how lucrative the offer. Some people have worked without pay (while waiting for work authorization) thinking that if they accept the money after issuance of the EAD (in the form of a hiring bonus) then all is well. But that's not really true.

He will probably be here sooner than they could have gotten him here anyway, so sounds like things should work out for your man and his future employer.

Edited September 30, 2011 by Rebecca Jo

[Gosia & Tito 199]

If your fiance enters the USA under the provisions of the K-1 he can not work until AOS and EAD. He can not be sponsored by a prospective employer for a work visa if he entered the USA on a K-1.

So... Either he comes on a work visa (which means you abandon your K-1 - which makes no sense), or you continue on your path - he comes on the K-1 and you AOS as soon as possible.

You might to let this company know that the time for a work visa processing can easily be longer (and not a sure thing) than the time he gets an EAD thru AOS (which currently is around 2-4 months depending on where in the country you are. The time for EAD is from the time you get marry and file for AOS.

Now, if you are in the initial stages of K-1, it might make some sense, but alos notice that there are a limited number of work visas available per year. I don't know what the exact cap is now and also, the "year" for work visas start today (Monday actually that is the first work day) and in past years it was common that applications submitted for work visas run out the cap on the first day. Another problem is that for work visas a lawyer needs to be involved, though it might well be that this company is willing to take care of that. Did I say a work visa is not a sure thing? Meaning that just because you applied does not mean you will get a work visa.

And finally, as others had pointed out, it could be seen as misrepresentation.

If the skill is worth waiting, companies wait months...Seems like the K-1 could be the best route.