Jump to content
JoeUK

Wife will have a H1, what can I do to gain a working visa?

17 posts in this topic

Recommended Posts

Hi all,

 

Firstly, thanks for reading this. I'm slightly confused as to where to turn as information I find conflicts or is out-of-date, hence I'm here.

 

Background

Age (Both): 30

Country of Origin & Citizenship (Both): United Kingdom

Education Level (Both): Masters Degree

Experience in Field of Work (Both): 9+ Years

Criminal Record (Both): None

Finances (Both): Good

 

Help Needed

My wife potentially has an amazing job opportunity which will most likely provide her with an H1 visa. We have both been looking at this visa and if I were to come over with her, I would be placed on a H4 visa. This obviously does not allow me to work legally in the US, however, I have been reading about an Employment Authorization Document (EAD) which would allow a H4 visa holder to work.

 

How likely is it that I would be able to apply and be accepted for this?

Are there any upcoming visa changes that I should be concerned with?

What else can I do to get legal status to work?

Can you transfer from a H1 visa to an L1 visa (which would allow me to work)?

 

Thanks.

Share this post


Link to post
Share on other sites

If your wife gets hired then this is something that the company's lawyer should take care of. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites
29 minutes ago, JoeUK said:

Hi all,

 

Firstly, thanks for reading this. I'm slightly confused as to where to turn as information I find conflicts or is out-of-date, hence I'm here.

 

Background

Age (Both): 30

Country of Origin & Citizenship (Both): United Kingdom

Education Level (Both): Masters Degree

Experience in Field of Work (Both): 9+ Years

Criminal Record (Both): None

Finances (Both): Good

 

Help Needed

My wife potentially has an amazing job opportunity which will most likely provide her with an H1 visa. We have both been looking at this visa and if I were to come over with her, I would be placed on a H4 visa. This obviously does not allow me to work legally in the US, however, I have been reading about an Employment Authorization Document (EAD) which would allow a H4 visa holder to work.

 

How likely is it that I would be able to apply and be accepted for this?

Are there any upcoming visa changes that I should be concerned with?

What else can I do to get legal status to work?

Can you transfer from a H1 visa to an L1 visa (which would allow me to work)?

 

Thanks.

L-1 is intracompany transferee - so (I assume we're talking about your wife here) she would have to employed right now for at least a year in UK (or elsewhere) for a company bringing her over. If the company offering her a job is entirely US based, then no. 

 

You can apply for EAD on H-4 but current administration has been flirting with idea of taking that possibility away - right now it still exists and given your education / experience, you probably have a decent chance.

 

You can look for an employer on your own that would sponsor you for H-1B - given cap for this year has been reached, your earliest opportunity would be next April.

Share this post


Link to post
Share on other sites
46 minutes ago, JoeUK said:

Hi all,

 

Firstly, thanks for reading this. I'm slightly confused as to where to turn as information I find conflicts or is out-of-date, hence I'm here.

 

Background

Age (Both): 30

Country of Origin & Citizenship (Both): United Kingdom

Education Level (Both): Masters Degree

Experience in Field of Work (Both): 9+ Years

Criminal Record (Both): None

Finances (Both): Good

 

Help Needed

My wife potentially has an amazing job opportunity which will most likely provide her with an H1 visa. We have both been looking at this visa and if I were to come over with her, I would be placed on a H4 visa. This obviously does not allow me to work legally in the US, however, I have been reading about an Employment Authorization Document (EAD) which would allow a H4 visa holder to work.

 

How likely is it that I would be able to apply and be accepted for this?

Are there any upcoming visa changes that I should be concerned with?

What else can I do to get legal status to work?

Can you transfer from a H1 visa to an L1 visa (which would allow me to work)?

 

Thanks.

 

You'll need to find an employer that can sponsor you if you wish to work in the US, which will give you your own distinct status. 

 

I do not believe you can simply apply for a H4 EAD, you do not currently qualify for it based on what you’ve written here. 

 

To qualify for a H4 EAD, your wife has to have an approved I-140 (Immigrant Petition for Alien Workers) or has extended her H1B status beyond the initial 6 year period under rule AC-21. And must still be in a valid H1B status when you apply for EAD

 

Share this post


Link to post
Share on other sites
23 minutes ago, kzielu said:

 

You can apply for EAD on H-4 but current administration has been flirting with idea of taking that possibility away - right now it still exists and given your education / experience, you probably have a decent chance.

 

You think the OP has a decent chance of approval for a H4 EAD simply based on their qualifications and experience, without the spouse having an approved I-140??

Share this post


Link to post
Share on other sites
8 minutes ago, Sm1smom said:

 

You think the OP has a decent chance of approval for a H4 EAD simply based on their qualifications and experience, without the spouse having an approved I-140??

Clearly I am not up to date on H-4 EAD requirements. Thanks for correcting.

Share this post


Link to post
Share on other sites

Thanks for the fast responses. 

 

28 minutes ago, Sm1smom said:

 

You'll need to find an employer that can sponsor you if you wish to work in the US, which will give you your own distinct status. 

 

I do not believe you can simply apply for a H4 EAD, you do not currently qualify for it based on what you’ve written here. 

 

To qualify for a H4 EAD, your wife has to have an approved I-140 (Immigrant Petition for Alien Workers) or has extended her H1B status beyond the initial 6 year period under rule AC-21. And must still be in a valid H1B status when you apply for EAD

 

 

While I'm in the US on a H4 is there anything stopping me from applying and going to interviews for roles that will sponsor my own visa?

Share this post


Link to post
Share on other sites
55 minutes ago, JoeUK said:

Thanks for the fast responses. 

 

 

While I'm in the US on a H4 is there anything stopping me from applying and going to interviews for roles that will sponsor my own visa?

Stopping you? Not really, but you can't start work until you have an approved H1B. The lottery is every April for visas starting in October, so it will be hard to find an employer willing to pay for the lawyers and wait for you to be able to start working (October 2020 at the earliest) unless you are exceptional.

Share this post


Link to post
Share on other sites
32 minutes ago, JoeUK said:

Thanks for the fast responses. 

 

 

While I'm in the US on a H4 is there anything stopping me from applying and going to interviews for roles that will sponsor my own visa?

The simple answer is no, however tends to be a long shot getting a H1b never mind 2 and then presumably you want them in the same geographical area so not sure how realistic that is.

 

Sounds better to get straight for an Immigrant Visa as that would allow both of you to work, something that needs to be discussed with the Employer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
1 hour ago, Mollie09 said:

Stopping you? Not really, but you can't start work until you have an approved H1B. The lottery is every April for visas starting in October, so it will be hard to find an employer willing to pay for the lawyers and wait for you to be able to start working (October 2020 at the earliest) unless you are exceptional.

Don't know how Indian nationals do it, 70% of of all H1Bs are issued to Indian nationals. Something for the OP to research? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
4 minutes ago, WeGuyGal said:

Don't know how Indian nationals do it, 70% of of all H1Bs are issued to Indian nationals. Something for the OP to research? 

I can think of various reasons:

 

Sheer numbers, with a Lottery the more times you enter the more likely you will win.

 

Preponderance of IT in this category and there are a lot of surplus IT graduates in India

 

Disproportionate benefits, moving from India is seen as a major step up, UK not so much.

 

Linked to the above, cost a not very attractive wage to a UK applicant would be looked at differently.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Well, aren’t they changing the H1 lottery to favor (somewhat more) those with masters or higher degrees?

 

But yes, relying on getting another H1 is difficult. This is the precise reason my spouse and I didn’t move to the US originally when I got an H1 offer... it leaves too much to chance.

 

best option for OP would certainly be if they could get wife as L1 rather than H1.

 

by the way is the current administration making any progress towards its aim of totally abolishing H4 EADs?

 

Share this post


Link to post
Share on other sites
Posted (edited)

Thanks for all the information guys and girls. 

 

One last question; if a US employer hired my wife in their UK sector for a year then transferred us out, I assume we would be able to come on an L1 at that point (She will be at Director level)? 

Edited by JoeUK

Share this post


Link to post
Share on other sites

Up to the Employer, but certainly something they could consider.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
6 hours ago, JoeUK said:

Thanks for all the information guys and girls. 

 

One last question; if a US employer hired my wife in their UK sector for a year then transferred us out, I assume we would be able to come on an L1 at that point (She will be at Director level)? 

You are assuming that the company will want to do that. Are they known to relocate members of staff around the world? Are they well versed in the paperwork requirements? It all has to come from the employer. The most your wife can do is ask, very nicely, if they would do it but there is nothing she can do to get there herself.

 

Seattle? Good choice, my friend....


 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...