# Work options for spouse



## johndelacruz (Feb 10, 2012)

Hi all. Hope you can help on this one. I'm not sure what visa my new employer is going to suggest, but I'm guessing it'll be an H1b. Am I right in thinking my wife cannot work if this is the visa we move to States on? The info I've found seems ambiguous. Does it mean that she cannot have a job in the US? Can her employer be overseas?


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## Davis1 (Feb 20, 2009)

johndelacruz said:


> Hi all. Hope you can help on this one. I'm not sure what visa my new employer is going to suggest, but I'm guessing it'll be an H1b. Am I right in thinking my wife cannot work if this is the visa we move to States on? The info I've found seems ambiguous. Does it mean that she cannot have a job in the US? Can her employer be overseas?


If you get an H1B ..you cannot start until Oct 
Your spouse will get an H-4 and will not be allowed 
any type of work while in the US


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## johndelacruz (Feb 10, 2012)

October? I didn't know that. I was under the impression I'd be starting in August when the academic year starts. Perhaps they are going to go for a different one. Is that possible? And how could my wife work as well?


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## twostep (Apr 3, 2008)

johndelacruz said:


> October? I didn't know that. I was under the impression I'd be starting in August when the academic year starts. Perhaps they are going to go for a different one. Is that possible? And how could my wife work as well?


Without knowing details how should we even guess:>)))
H1B generally means H4B and that does not offer the option of EAD for a spouse. All you have to do is read up on H1B on uscis.gov - application approved means start of employment in October of the same year. Have you contacted you employer to find out which visa will be applied for?
Her employer being overseas still means the work done for compensation is done in the US.


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## johndelacruz (Feb 10, 2012)

That's helpful, thanks. My employer gets the visa process started once contracts are signed and returned. Over the next week. I'm just feeling impatient and raring to go!


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## Davis1 (Feb 20, 2009)

johndelacruz said:


> October? I didn't know that. I was under the impression I'd be starting in August when the academic year starts. Perhaps they are going to go for a different one. Is that possible? And how could my wife work as well?


They may be an exceptions for those not under the yearly cap such as 

Institutions of higher education or related or affiliated nonprofit entities;
Nonprofit research organizations; or
Governmental research organizations.

the employer will know


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## Crawford (Jan 23, 2011)

johndelacruz said:


> That's helpful, thanks. My employer gets the visa process started once contracts are signed and returned. Over the next week. I'm just feeling impatient and raring to go!


I would have thought that you would want to know which visa your prospective employer is going to apply for you, and what contractually your employer will provide for you (ie. are they going to support you for a Green card if that is your objective, would they repatriate you if you were made redundant etc) before you sign the contract; maybe of course you have already sorted this out.


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## johndelacruz (Feb 10, 2012)

Davis1: my job is one of the exceptions from the yearly cap. That much I do know. I'm taking up an Asst Professor post at San Jose State Uni. So does that mean that the start date won't necessarily be October?
Crawford: I will ask about green card support. That's my ultimate aim and the post is tenure track implying that the intention is to keep me in post past the 6 years it takes to get tenure. 
Great info guys, thanks.


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## EVHB (Feb 11, 2008)

Be aware: if you are in the US on a temporary visa (like h1b), your kids can not stay in the country once they reach their 21st birthday, unless they take care of a visa themselves (student visa, marriage, ...).

Don't know how this works out while you are in process of getting a green card, and meanwhile your kids turn 21.


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## johndelacruz (Feb 10, 2012)

Cheers. I'm hoping to have the green card by then hopefully. My son is 15 so it should be ok by then. Eldest is 20 and at Uni here so hes not moving over with us.


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## EVHB (Feb 11, 2008)

If you qualify for EB-1 or EB-2, you will have the green card in time. If you are EB-3, I'm not so sure about that, it takes about 6 years at this time to get it, and they probably don't apply for your green card within the first few months after arriving in the US?


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## johndelacruz (Feb 10, 2012)

Cheers for that. I had a lengthy call to the embassy today and it looks like I am eligible for the Employment Based First Peference Category - Priority Worker visa. It appears my wife can work as well if that's the case. They couldn't give me an idea of timescale regarding approval. Does anyone have any ideas how lengthy the process can be?


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## EVHB (Feb 11, 2008)

EB-1? That is really good! It is current, that means that you will probably have it within a few weeks after you filed all the paperwork.


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## Crawford (Jan 23, 2011)

johndelacruz said:


> Cheers for that. I had a lengthy call to the embassy today and it looks like I am eligible for the Employment Based First Peference Category - Priority Worker visa. It appears my wife can work as well if that's the case. They couldn't give me an idea of timescale regarding approval. Does anyone have any ideas how lengthy the process can be?



Does this mean your employer will be applying for an L-1 visa?


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## johndelacruz (Feb 10, 2012)

Just heard from employer. It's standard for them to apply for an H1b in the first instance. Damn!!! At least as its dual intent I can apply for green card once in the states. Is that right?


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## twostep (Apr 3, 2008)

johndelacruz said:


> Just heard from employer. It's standard for them to apply for an H1b in the first instance. Damn!!! At least as its dual intent I can apply for green card once in the states. Is that right?


a) Why the need to cuss?
b) You cannot apply for a Green Card. Your employer can if he chooses to do so. Not too many do as it means you are free to go and seek employment elsewhere (aside from application fees and administrative time).


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## Crawford (Jan 23, 2011)

johndelacruz said:


> Just heard from employer. It's standard for them to apply for an H1b in the first instance. Damn!!! At least as its dual intent I can apply for green card once in the states. Is that right?


Well not the end of the world. 

Your employer is the one who will apply for the Green card for you (you can't do it yourself), so you need to make sure that he is willing to do this for you in a prompt fashion. You should make it known that you want to apply for the Green card as soon as you can as part of the contractual agreement in moving to the States.

Hence, my comment about you having things contractually clear.


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## EVHB (Feb 11, 2008)

In some cases, you can apply yourself for an Employment Based green card if you qualify for the EB-1 or EB-2 category, through the NIW (National Interest Waiver). But in that case, I suggest you contact an experienced immigration lawyer. 
More info, and to give you an idea about the requirements:
USCIS - Employment-Based Immigration: Second Preference EB-2


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## johndelacruz (Feb 10, 2012)

Wow. Great insights thanks. I will most definitely ask the green card question based on your advice. Seems to be the simplest route rather than doing it myself as also suggested. brilliant forum, I wouldnt have known any of this otherwise.


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## twostep (Apr 3, 2008)

EVHB said:


> In some cases, you can apply yourself for an Employment Based green card if you qualify for the EB-1 or EB-2 category, through the NIW (National Interest Waiver). But in that case, I suggest you contact an experienced immigration lawyer.
> More info, and to give you an idea about the requirements:
> USCIS - Employment-Based Immigration: Second Preference EB-2







OP is on H1B per his most recent post.


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## twostep (Apr 3, 2008)

johndelacruz said:


> Wow. Great insights thanks. I will most definitely ask the green card question based on your advice. Seems to be the simplest route rather than doing it myself as also suggested. brilliant forum, I wouldnt have known any of this otherwise.


??? on H1B you CANNOT apply yourself for a green card.


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## EVHB (Feb 11, 2008)

Yes, but he is also exploring his options. And if you know what is possible, and what is not, you are in a better postion to make decissions and/or to negotiate with your future employer.


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## twostep (Apr 3, 2008)

EVHB said:


> Yes, but he is also exploring his options. And if you know what is possible, and what is not, you are in a better postion to make decissions and/or to negotiate with your future employer.


For negotiatins you have to have your facts.


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## johndelacruz (Feb 10, 2012)

Guys, thanks for your great help. I really feel better informed now.Going over on the H1b is fine as I know now I can apply for the green card once I'm there. We'll only be on a single income for a short while hopefully. I feel more confident about the whole process now, and the H1b seems simpler in the first instance too.


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## Crawford (Jan 23, 2011)

johndelacruz said:


> Guys, thanks for your great help. I really feel better informed now.Going over on the H1b is fine as I know now I can apply for the green card once I'm there. We'll only be on a single income for a short while hopefully. I feel more confident about the whole process now, and the H1b seems simpler in the first instance too.



OK now I'm confused.

If YOU are going over on an H1B then your wife will get an H4 and will NOT be able to get work in the US. Not ever on an H4. She would have to qualify for a visa on her own merits to work.

Am I missing something here.


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## EVHB (Feb 11, 2008)

johndelacruz said:


> Guys, thanks for your great help. I really feel better informed now.Going over on the H1b is fine as I know now I can apply for the green card once I'm there. We'll only be on a single income for a short while hopefully. I feel more confident about the whole process now, and the H1b seems simpler in the first instance too.


I think, at this point, you seeing things maybe too optimistic.
1) Crawford is right about the H1b. 
2) You don't have it on paper that the university is going to sponsor you for a green card.
3) You don't know yet if you qualify to take the National Interest Waiver route. You will first have to consult a lawyer for that. Build an American resume, list all your awards, publications, expositions and so on. Have reference letters from highly rated colleagues in your field ready, mention all your memberships from professional organisations, etc. And take these things to an experienced immigration lawyer. Preferably one that has already worked with the NIW.

Only if you are sure, you can be really positive. For now, it's a 'Maybe".


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## johndelacruz (Feb 10, 2012)

Oh I agree. It's a maybe for sure. Crawford, I understand she won't work whilst on the H1b/H4 initially, so we will be on a single income UNTIL we AR in a position to apply for the Green Card. I hope they will sponsor me eventually, but yes, it's all a maybe for now. at least I have a job offer there, and support for the H1b. And that's positive.


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## Crawford (Jan 23, 2011)

johndelacruz said:


> Oh I agree. It's a maybe for sure. Crawford, I understand she won't work whilst on the H1b/H4 initially, so we will be on a single income UNTIL we AR in a position to apply for the Green Card. I hope they will sponsor me eventually, but yes, it's all a maybe for now. at least I have a job offer there, and support for the H1b. And that's positive.


OK understood; but please be aware that *obtaining* the Green card from the H1B - at which time your wife could then work- and, depending on which priority level you are, could take a number of years.


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## johndelacruz (Feb 10, 2012)

Ok, that's good to know. I'll still ask my employer if they will support the application as and when.
Guys, great help and advice. Thank you.


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## twostep (Apr 3, 2008)

johndelacruz said:


> Ok, that's good to know. I'll still ask my employer if they will support the application as and when.
> Guys, great help and advice. Thank you.


I still have the feeling that you have not familiarized yourself with something that may have a major impact on your professional and personal life.
Again - you cannot apply for a Green Card. It is your employer's call. travel.state.gov will give you details on processing times. National Interest - we cannot guess your qualifications.
What is not part of your contract (not your offer which is not a legally binding contract) you do not have when it comes down to it. Repatriation, medical coverage, temporary living arrangements, vacation, ...


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## johndelacruz (Feb 10, 2012)

Thanks. I do understand. And I have got most if not all these issues covered. Again, I thank you all for your advice and helpful comments. Cheers.


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## EVHB (Feb 11, 2008)

twostep said:


> apply for a Green Card. It is your employer's call.


Twostep, are you aware that in certain specific circumstances, you can apply yourself and the standard job offer/Labor Certification will be waived?


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## twostep (Apr 3, 2008)

EVHB said:


> Twostep, are you aware that in certain specific circumstances, you can apply yourself and the standard job offer/Labor Certification will be waived?


That is why I posted that OP has not given enough information to make a guess about his situation.


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## EVHB (Feb 11, 2008)

True. And I do know people who were thingking they (easily) qualified, but didn't. It certainly requires the help from a lawyer who has walked this road before, as it is not an easy one, and a lot of people get rejected.


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## twostep (Apr 3, 2008)

EVHB said:


> True. And I do know people who were thingking they (easily) qualified, but didn't. It certainly requires the help from a lawyer who has walked this road before, as it is not an easy one, and a lot of people get rejected.


The main requirement is the skill set. Is it there or not should be the initial question.


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## EVHB (Feb 11, 2008)

But even so... how high do they value your publications? Your references? ... If you are Noble Price winner, than it might not be the problem. ;-)


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## johndelacruz (Feb 10, 2012)

Ok, just to put the issue to rest. I was after the level of advice I have received through your responses. And I am very grateful for that. I may have not offered as much detail as you may think I ought to have done for a detailed response. Well, I am not about to tell the world everything on a digital discussion space. I can't reiterate enough how valuable your general answers have been. The fine detail I am able to iron out between myself and my employer and any other party as and when required. Again, thanks for your help and advice. Cheers.


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