How soon can you submit the I-140 once you arrive with a H1B? Deciding whether J2 is better for spouse to work or H4/EAD

[livinginparadise 0]

Hi

I've found a lot of useful advice regarding the H1B and J1 process (and more specifically for a spouse to work on a J2 or H4) but I'm still struggling to find answers to a couple of things.

By way of background, my husband has been offered a job as a maths teacher, but we have been weighing up our options as to the best visa route.

H1B

I understand that with a H1B visa, I could apply for a H4 and subsequently an EAD once approval has been obtained for my husband's I-140. Given that queries regarding EAD for H4 visas are recent, they seem to relate to those who have already been in the US for several years. As such, what I can't seem to find anywhere is:

1. how soon we/the school can begin the process for the labour certificate/I-140 after entering the US; and

2. the overall timescale that would likely be associated with this process to understand how long I would likely be unable to work (I appreciate that there is very little certainty with timescales, but we would like a rough idea).

J1

I also understand that on a J2 visa I could apply to work once we have arrived and that this will only take a few months, however our stay in the US would be limited to 3 years (with a possible one year extension), but with no prospect of extending our stay beyond that and we would be required to return to the UK (as our home country) even though we currently live elsewhere.

Our preference would be the H1B/H4 as it avoids returning to the UK and potentially allows for a longer stay, however I do not want to be out of work for several years and it is unlikely that I would find my own sponsorship for H1B/J1. As such, at this stage the J1/J2 is looking more attractive, yet the H1B/H4 would be better for the longer term.

I look forward to receiving your comments.

Many thanks!

[kzielu 1,149]

So did school tell your husband they will be filing for his GC as soon as he enters ? That's what I-140, they can file it without him even be in US - just straight petition him for GC and it is something not typically done immediately after bringing somebody over on H-1B...