Working on F4?

[ebenf 16]

Hi VJ Members!

 

I brought my wife over on a K1 from Vietnam so am not too familiar with the F3/F4 processes and have been trying to tie together visa status and AOS. Was hoping this great community might be able to help.

 

My wife and I employ an independent foreign contractor in Vietnam, and we greatly enjoy working with her. She was recently interviewed, or perhaps was scheduled to interview, for an F4 visa though still needs to be scheduled for a health check. She thinks she will enter the US later this year. We are not the sponsor here, she has family we have never met in the US.

 

My understanding is that the F4 allows someone to work upon arrival with a valid SS card, and the visa is valid for 1 year. Is this correct, and how does the process work from here?

 

Is it the case that working status under an F4 is continued until AOS is complete, or does a F4 visa holder have to stop work for the gap between visa expiration and AOS? 

 

We are looking to support her with her professional development regardless of her work status, meaning structuring an internship for her to perform non-critical / relevant tasks if she cannot work and, of course, stopping pay. But, we'd like to keep paying her and get her career moving in the US if possible.

 

Thanks in Advanced, 

 

 

[arken 4,197]

If she is entering US on a F4 visa, she becomes the permanent resident once she steps in the US. With SSN, she can work without any restrictions or time limitation.

[milimelo 4,477]

May want to check you have the correct name of the visa. 

F4 is family based preference visa 4th category (sibling of a US citizen). Usual wait time to get that immigrant visa is about 15 years (some countries much longer (Philippines, Mexico). Doesn't sound like your wife is a) a USC, b) has a qualifying relationship with the mentioned person (not a sibling) and 3) petitioned the individual.

[Chancy 6,241]

7 minutes ago, ebenf said:

My understanding is that the F4 allows someone to work upon arrival with a valid SS card, and the visa is valid for 1 year. Is this correct, and how does the process work from here?

 

F4 is an immigrant visa.  Once the visa holder enters the US, they immediately gain permanent resident status, with authorization to work and all the rights of LPRs.  No need to go through Adjustment of Status.  Their LPR status does not expire after 1 year.

 

[ebenf 16]

10 minutes ago, Chancy said:

 

F4 is an immigrant visa.  Once the visa holder enters the US, they immediately gain permanent resident status, with authorization to work and all the rights of LPRs.  No need to go through Adjustment of Status.  Their LPR status does not expire after 1 year.

 

 

17 minutes ago, arken said:

If she is entering US on a F4 visa, she becomes the permanent resident once she steps in the US. With SSN, she can work without any restrictions or time limitation.

Thank you Chancy and Arken! Appreciate the concise and technical answers. 

 

So we're good to employer her as a US worker as soon as she lands

[ebenf 16]

20 minutes ago, milimelo said:

May want to check you have the correct name of the visa. 

F4 is family based preference visa 4th category (sibling of a US citizen). Usual wait time to get that immigrant visa is about 15 years (some countries much longer (Philippines, Mexico). Doesn't sound like your wife is a) a USC, b) has a qualifying relationship with the mentioned person (not a sibling) and 3) petitioned the individual.

Thank you Milimelo!

 

Yeah, she's only our employee so her immigration status is only relevant in helping her plan a career. 

 

I guess that means she already has a brother or sister here though!

[Boiler 45,467]

She could be a dependent and her parent has a sibling.