Spousal Visa / Work Visa

[caliliving 606]

How did you get an offer of employment without them understanding they would have to sponsor you for employment? are they willing to spend the 10k+ it will cost for an H1b?What do you do for work? did they think you were a resident of america when you got the job? or are they willing to wait the 10 months it will take to get residency?

If you and your spouse want to live in america, and she/he is a USC, then yes... apply for residency.

AFTER 3 years of residency, if you want, apply for citizenship.

Good luck:)

[NikLR 13,232]

H1b is not the only type of employment visa.

[calvm 10]

Work visa - H1B will be most applicable to your case. If you have a job offer in hand and your potential employer can file by April 1 2016 (assuming your employer is able to apply and get a petition among the 65K cap limit, and have a job for you starting October 2016) the earliest you can enter the US and work if from Oct 2016. This will be faster and since H1B is a dual intent visa, it should not create any issues for your immigration intent.

You mentioned you had exceptional abilities - in that case they can consider O1 which has a very tight requirement. If you can qualify for O1 visa you can very well apply for your own green card in EB1 category and be done within 5-6 months.

Goodluck!

Firstly apologies as I am sure this question has been addressed previously.

After dating for 6 years my American girlfriend and I got married in September 2015. She continues to live and work in the US whilst I live and work in the UK. Obviously the idea is that at some point we live at the same address ! (even the same continent would be nice !)

I appreciate we need to take proper advice but could someone walk me through the spousal visa process.

I also have an offer of employment from the US - not sure if it helps but the US entity offering me employment could make a case for the role being one that would be hard to fill in the US due to my work expertise. Does this help me ?

In the expert opinion of those on this board should I pursue the spousal entry route or the employment entry route ?

Hope this makes sense. Any thoughts appreciated.

Buster1995

[calvm 10]

H1b is not the only type of employment visa.

That's right. But based on the information OP wont meet L1 criteria - since he should have been working with the US organization abroad for a few years and these are for intra- company transfer.

B1 (business visa) is typically for non-paid consulting only and doesnt apply

O1 is for exceptional abilities (very high bar typically) and may apply

H1 is the most commonly used work visa for skill based visa and seems very relevant

[RobertM54 36]

I apologize in advance for being uninformed.

As a technology geek, I am assuming the OP is one of those really smart Brits who we desperately want to come to the USA anyway.

Why does he not take the H1-B and work the CR-1 (or AOS) in parallel?

If USCIS cannot get this one right, then God help us.

Edited January 26, 2016 by RobertM54

[calvm 10]

I apologize in advance for being uninformed.

As a technology geek, I am assuming the OP is one of those really smart Brits who we desperately want to come to the USA anyway.

Why does he not take the H1-B and work the CR-1 (or AOS) in parallel?

If USCIS cannot get this one right, then God help us.

He can take the H1B route and take CR-1 or AOS preferably in parallel once in the US. However for that his employer will have to file a H1B petition in hope that it meets the cap of 65K/yr. The petitions are accepted starting April of the year and once approved, he can join the job in October of that year.

Cheers

[Boiler 46,326]

He can take the H1B route and take CR-1 or AOS preferably in parallel once in the US. However for that his employer will have to file a H1B petition in hope that it meets the cap of 65K/yr. The petitions are accepted starting April of the year and once approved, he can join the job in October of that year.

Cheers

The route is determined by the Employer which he has yet to share.

[Buster1995 0]

Wow, thanks for everyones input, lots to think about. Appreciate all those who took the time. I have an appointment with a very good firm of immigration lawyers later this week here in the City of London. I am definitely better armed having posted my question here.

I will update as things progress. Thanks again everyone.

Buster1995

[Buster1995 0]

Hi,

My application for Spousal Visa has been in Nebraska for approximately 4 months now with no change in Status - today the online status changed in that our file has been transferred to another office and "an explanation is being sent explaining the reasons" (by mail obviously !!!!). Any idea why this would be ???

Is it a good sign or a bad sign ? Have the last 4 months been for nothing ?

[dwheels76 5,476]

Hi,

My application for Spousal Visa has been in Nebraska for approximately 4 months now with no change in Status - today the online status changed in that our file has been transferred to another office and "an explanation is being sent explaining the reasons" (by mail obviously !!!!). Any idea why this would be ???

Is it a good sign or a bad sign ? Have the last 4 months been for nothing ?

Work Load shift. Hopefully wherever its being sent approval will e forth coming in that processing time they post.

[JFH 12,191]

Hi,

My application for Spousal Visa has been in Nebraska for approximately 4 months now with no change in Status - today the online status changed in that our file has been transferred to another office and "an explanation is being sent explaining the reasons" (by mail obviously !!!!). Any idea why this would be ???

Is it a good sign or a bad sign ? Have the last 4 months been for nothing ?

A lot of Nebraska files have been transferred to Texas recently. The good news is, those that have been transferred to Texas are being approved within a few weeks of arrival at Texas. We waited 5 months and 13 days at Nebraska for our approval. That's without any RFEs. Someone did say at the beginning of this thread the process takes about a year. They weren't kidding.