Possibility at U.S. work permit for Canuk hubby

[Delicia 1]

I have a very cool employer. The parent company is an internationally huge corp and the division I work for is based in AZ. My boss knows my situation: I am in process of sponsoring my Canuk PR hubby into the U.S. and she mentioned that perhaps I should look into my employer sponsoring my hubby for a work permit while we wait out the process. They have a couple employees now on work permits from various parts of the world so they know how to do it and are willing to do it. Question is: can my hubby come to the U.S. on an employer-sponsored work permit and wait out is IR-1 process? Does it effect or hinder anything if the work permit is completely legit?

[trailmix 77]

I have a very cool employer. The parent company is an internationally huge corp and the division I work for is based in AZ. My boss knows my situation: I am in process of sponsoring my Canuk PR hubby into the U.S. and she mentioned that perhaps I should look into my employer sponsoring my hubby for a work permit while we wait out the process. They have a couple employees now on work permits from various parts of the world so they know how to do it and are willing to do it. Question is: can my hubby come to the U.S. on an employer-sponsored work permit and wait out is IR-1 process? Does it effect or hinder anything if the work permit is completely legit?

Oh no answers. Someone must have seen this question before?

[LadyJane 1]

We are in the same situation: very cool boss offered to sponsor a work visa for Canuck hubby while we're waiting for his green card. Since we are at a university, there is no cap on H1-B visas and as *soon as* my husband has defended his thesis then he can get his H1-B the following week (for a lovely fee of $3000 that my boss will pay).

You may want to check with your boss to see what kind of visa it'll be. I'm not sure what other kinds of visas you can get (i.e. TN or J) now that you're in the process of the CR1 visa.

[Flames9_RN 358]

I "thought" i saw the answer on here before or another forum, and thought the answer was a no, as once you have started the "relationship" style of visas, you have shown the intention to immigrate! Maybe one could PM Zyggy, or consult with an immigration attorney. Ahte to see some one fork over $$$$ for that work visa, when in the long run it is useless.

[trailmix 77]

I "thought" i saw the answer on here before or another forum, and thought the answer was a no, as once you have started the "relationship" style of visas, you have shown the intention to immigrate! Maybe one could PM Zyggy, or consult with an immigration attorney. Ahte to see some one fork over $$$$ for that work visa, when in the long run it is useless.

Yes I remember a similar question from a few weeks ago too and also remember the answer being no.

[zyggy 9]

It depends on the visa...

TN's and J's definitely not...

L's and H-1b's probably... but if you did, you would be throwing your current process out the window and will have to start over again. If it were me, it would depend on how far in I was...

[warlord 73]

I "thought" i saw the answer on here before or another forum, and thought the answer was a no, as once you have started the "relationship" style of visas, you have shown the intention to immigrate! Maybe one could PM Zyggy, or consult with an immigration attorney. Ahte to see some one fork over $$$$ for that work visa, when in the long run it is useless.

Yes this is for things like the TN status. You would not qualify for a TN at this time since he is married to a USC and moving to the US will show immigration intent and a TN status is specifically for non immigration intent. As for the H-1, not sure how that will work, but I thought the H1b cap was already filled. You would need to check into that. I would think it would still be faster to get him over to the US through the marriage channel though then waiting on the H1B...

[LadyJane 1]

From what we were told by the university immigration folks is that we can continue the CR1 process while hubby is here on an H1-B. Confirmed by another VJer, but I'd suggest you check with an immigration lawyer. Let us know what you find out!

http://www.visajourney.com/forums/index.ph...=H1-B,+LadyJane

[Delicia 1]

I think I will be calling USCIS directly and asking about this issue. The USCIS website was of no assistance at all.

[Caladan 19]

As far as I know, going the work-related path would preclude continuing going down the IR-1 path. But were your husband able to secure an H1-B, he could come here and work; it's a visa that permits dual intent. So he'd come here, work, you'd file the I-130 and all the rest of the AOS stuff, and once he had the EAD, just transition over to that.

We considered doing something like this with C. He had the chance for an L-1. Problem was, by the time the chance showed up, he already had the K-1 in hand, and it's not permitted to switch from a K-1 to an L-1. We weren't sure whether that was before or after entry (I suspect after) but we didn't want to take a chance on screwing up the wedding.

But had we done it, he would have come here on an L-1, we would have married and filed for AOS.

[misa 2]

I think I will be calling USCIS directly and asking about this issue. The USCIS website was of no assistance at all.

Don't bothering calling USCIS, call the Department of State. USCIS only processes the initial petitions and their 1-800 number is useless. Anyway it is the consulates (falls under Department of State) that actually issues the visas.

http://travel.state.gov/visa/temp/types/types_1271.html

ETA: The 2008 H1-B cap was already filled: http://www.networkworld.com/news/2007/0404...ap-reached.html

Edited November 17, 2007 by misa

[misa 2]

Tried to add more but ran out of editing time.

For 2009 H1-Bs, you would apply in April 2008. I think by the time he gets one for 2009, he will have already received his IR-1.

[Delicia 1]

If he doesn't have an IR-1 by 2009, I will have to get hostile on someone.

[Caladan 19]

If the corporation is international and they can arrange an intracompany transfer, he'd be eligible for an L-1. In the case of C.'s company, they started making noises about getting many of their employees L-1s in April and most of them filed for them at the border in May.