Johan5977364393

Here are additional questions I feel would be extremely helpful for me and my partner if they were answered: H1-B Visa How difficult was it to find a new employer willing to sponsor the remaining time on your H-1B? How long did the process take from securing a job offer to re-entering the U.S.? What are the best ways to find a nonprofit or academic employer willing to sponsor an H-1B? Are there specific job boards or resources for H-1B cap-exempt positions? Any personal experiences with universities or research institutions sponsoring H-1Bs? If my partner finds an employer willing to sponsor her H-1B, how soon can she return to the U.S.? Does she need to apply for a visa stamp in China, or can she re-enter with an existing visa? F-1 Visa Does anyone have experience with Day 1 CPT programs in psychiatry, psychology, or mental health fields? Which schools offer legitimate Day 1 CPT programs in these areas? Have you encountered issues with USCIS questioning the validity of Day 1 CPT? How strict is the 90-day rule for an F-1 visa holder getting married? Have people successfully adjusted status from F-1 to a green card after waiting 90 days? Any issues proving non-immigrant intent at the visa interview? CR-1/IR-1 and K-1 If she comes on an H-1B or F-1, how soon can we apply for a marriage-based green card? Can we apply immediately, or are there waiting periods to avoid issues? What are the best ways to prove a bona fide relationship when we’ve been long-distance for most of it so far? What evidence helped in your visa interviews when you didn’t have years of shared history? Have people had success using travel records, video call logs, and messages as proof? Other What are current USCIS and consular processing times for H-1B transfers, F-1 visas, and K-1/CR-1 visas? Have you experienced delays due to backlogs or additional scrutiny? If she applies for an H-1B and later a marriage-based green card, could it cause problems? Would having a pending green card case affect her ability to get an H-1B visa stamp? Has anyone had issues re-entering the U.S. on an H-1B or F-1 after a long stay abroad? Did CBP or the consulate question your intent to return temporarily vs. immigrate? How much should we prepare for the visa interview to prove intent and relationship legitimacy? What kinds of questions should we expect at a K-1 or CR-1 interview? Based on my partner’s situation, what would you say is the best option for her to return to the U.S. quickly and legally? Are there any alternative visa routes we haven’t considered? If you were in our shoes, what would you do differently based on your experience? What mistakes should we avoid during this process? Any advice on job searching for an H-1B sponsor, proving a bona fide relationship, or handling USCIS processing times would be greatly appreciated. Thanks in advance!

I recently had a joint consultation with my partner and an immigration attorney, and I wanted to share the key takeaways for anyone in a similar situation. Here’s what we learned from the consultation: While my partner was in the U.S., her attorney filed for a green card on her behalf. However, she is unsure if the process was completed or where she currently stands in the application process. Since she is now in China, the case might still be in processing, or it could have been abandoned. She needs to check the status of her green card application. H-1B Visa (Best Immediate Option for Returning to the U.S.) My partner has one year left on her H-1B visa. Since she is outside the U.S., the clock is frozen, meaning the remaining time on her H-1B is still available. She is cap-exempt, meaning she does not need to go through the lottery again if she finds an employer willing to sponsor her. Options for sponsorship: Her previous employer could rehire her. A new employer could sponsor her for an additional three years (best if it's a nonprofit or academic institution). A private employer is not recommended because she would need to go through the H-1B lottery again, where the chances of selection are only about 30%. Her best strategy is that she should start applying for nonprofit organizations or universities while she is still in China. F-1 Visa (Student Visa Option with Day 1 CPT) If my partner cannot secure an H-1B sponsor, she could apply for an F-1 student visa and enroll in a U.S. school. However, since she prefers to work, she should look into a Day 1 CPT (Curricular Practical Training) program in a field relevant to her career (psychiatry). With Day 1 CPT, she could legally work for credit and get paid immediately after starting her program. If she enters on an F-1 visa, we cannot get married for at least 90 days, or it could be seen as immigration fraud. Marriage-Based Options (K-1 Fiancé Visa or CR-1/IR-1 Spousal Visa) If we decide to go the marriage-based route, we have to carefully plan where and when we get engaged or married. The best option is to get engaged or married in the U.S. while she is already there with another visa (H-1B or F-1). We must do so 90 days after she returns to the U.S. (which I prefer even with an H-1B). With the F-1 visa, we must wait at least 90 days before getting married to avoid visa intent issues. The worst option is to get married or engaged in China. If we marry or get engaged in China, she will be stuck there for over a year while waiting for the CR-1/IR-1 or K-1 visa to be processed. This option is off the table since we do not want to be separated for that long.

It's not the forms themselves that are the issue. I'm looking for professional advice that I feel me and my girlfriend need on how to best navigate this situation.

This comparison is extremely helpful. Thank you, @Crazy Cat. And thank you to everyone else who replied. Would you happen to know of any good immigration attorneys in New York City that I and my girlfriend can talk to, especially if they have an expertise with / in-depth knowledge about Chinese immigrants?

Hey everyone, I’m seeking advice on navigating the immigration process for my partner to move to the U.S.. I’d greatly appreciate any insights or guidance from those who’ve been through similar situations or have expertise in this area. (I don't know if this is the best place to post this thread because I'm unsure of exactly which visa my partner should obtain. I was hoping there was a more general topic forum to post this thread. If there is a better forum to post this, please let me know.) Relationship My partner and I are in a committed, long-distance relationship. She currently resides in China, and I live in New York City. We began dating when she used to live in New York City. We’ve been together for almost six months, and we’re working toward closing the distance to build our life together. Her U.S. Experience She has previously spent time in the U.S. working as a therapist in a New York City mental health service. To my knowledge, she had an H-1B visa sponsored by her employer. When she resigned from her job, the sponsorship ended and her visa expired. Current Situation We're now exploring options for my partner to return to the U.S. either for a visit or as a step toward a long-term move. Our ultimate goal is for us to live together permanently in New York City. We want to choose the best immigration path while respecting all legal requirements. I’m also planning to visit her in China for 10 days to discuss our future in detail and test living together before making significant decisions. We're considering several visa options: F-1 Visa: Pursuing further studies. H-1B Visa: Securing a new job offer in her field. Fiancé Visa (K-1): Planning to marry and immigrate. Spousal Visa (CR-1/IR-1): If we get married. Other Routes: Open to any other viable options. Specific Questions H-1B Reapplication: Given her previous H-1B status, what are the requirements for her to obtain a new H-1B visa? Are there considerations regarding the H-1B cap and lottery system that we should be aware of? Fiancé vs. Spousal Visa: What are the pros and cons of applying for a K-1 fiancé visa versus getting married first and applying for a CR-1/IR-1 spousal visa? Which path is generally more straightforward or faster? Alternative Visa Options: Are there other visa categories that might be suitable for her background in mental health services and her professional qualifications? Transitioning Between Visas: If she chooses to pursue further education (F-1 visa) as a stepping stone, what should we consider regarding transitioning to a work visa afterward? Impact of Previous Visa Expiration: Does her previous H-1B visa expiration affect her eligibility for new visas or affect the application process in any way?