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

[JoeUK 0]

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 I'm slightly confused as to where to turn as information I find conflicts or is out-of-date, hence I'm here.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

[Roel 7,192]

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

[kzielu 1,149]

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 I'm slightly confused as to where to turn as information I find conflicts or is out-of-date, hence I'm here.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

[Sm1smom 251]

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. 

 

[Sm1smom 251]

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??

[kzielu 1,149]

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.

[JoeUK 0]

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?

[Mollie09 1,543]

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.

[Boiler 45,524]

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.

[WeGuyGal 1,052]

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? 

[Boiler 45,524]

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.

[SusieQQQ 11,586]

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?

 

[JoeUK 0]

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 May 1, 2019 by JoeUK

[Boiler 45,524]

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

[JFH 12,190]

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....