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Husband has been offered a job in New York- can I work?

Husband has been offered a job in New York- can I work?

Old Mar 25th 2012, 7:12 pm
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Default Husband has been offered a job in New York- can I work?

Hello!

My Husband has been offered a job in NY and we are very unsure of how things will work out for me...

I understand it that I can go out there with him (please correct me if wrong!) but that I can't work??

I'm a primary school teacher and have looked into the teaching thing over in NY to find that I definitely would not be able to teach. That's ok with me, I'd happily try something new. But if i can't work, I really don't know how I'll cope mentally or pay the bills!

How do couples make this happen/work? Is there any way round it?

Thanks very much
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Old Mar 25th 2012, 7:54 pm
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Default Re: Husband has been offered a job in New York- can I work?

It will depend on what visa they are getting for your husband. H1 and you get H4 and cannot work unless you get a visa in your own right. If it is an L visa then yes you will be able to work.
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Old Mar 25th 2012, 8:50 pm
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Default Re: Husband has been offered a job in New York- can I work?

He isn't transferring within his company, so as far as I understand it, I can't work?

Could I get a visa in my own right if this is the case? Being a teacher, I'm not sure I could offer expertise in a field as I know for a fact I can't teach in NY schools.

Is there any other way round it?
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Old Mar 25th 2012, 9:48 pm
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Default Re: Husband has been offered a job in New York- can I work?

Then you are probably correct that you'll be on an H4 visa. I don't know anything about teaching but I would suggest you work on the basis that you won't be able to work, it seems unlikely. Do you need the money, or could you look at volunteering/studying part time? (or you could look at a full time student visa which i believe allows you to work a few hours a week... school fees are horrific though).
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Old Mar 25th 2012, 11:32 pm
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Default Re: Husband has been offered a job in New York- can I work?

Find out what Visa they will be applying for first.
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Old Mar 25th 2012, 11:55 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker
He isn't transferring within his company, so as far as I understand it, I can't work?
You really need to first find out what visa your husband is getting, otherwise all the information you receive here will be guesses.

Could I get a visa in my own right if this is the case?
If you qualify for one, yes. Have a look through the Wiki Guide called "Pulaski's Ways..." and see if you match up with any.

Is there any other way round it?
Around what? If you end up on a visa that does not allow you to work, then you can't work unless you get a separate visa based on your own merits. There's no other way around it.

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Old Mar 26th 2012, 12:57 am
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Default Re: Husband has been offered a job in New York- can I work?

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

That's the options for you getting your own visa.

You're right in that you're unlikely to get a visa on your own right as a teacher.
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Old Mar 26th 2012, 3:14 pm
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Default Re: Husband has been offered a job in New York- can I work?

That's what I mean. I'm unlikely to get a visa on my own despite my degree, postgrad certificates and masters...!

If he can get his company to agree to a green card, could I work then? How likely is it that he could negotiate this? How long would it take?

Thanks guys again for your help!
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Old Mar 26th 2012, 3:43 pm
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Default Re: Husband has been offered a job in New York- can I work?

If he can get the company to agree to Greencard then a lot will depend on the category they apply for him. EB3 is retrogressed and looking at several years wait before you can work
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Old Mar 26th 2012, 3:49 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker

If he can get his company to agree to a green card, could I work then? How likely is it that he could negotiate this? How long would it take?
It's standard thing to ask and get in writing, there's a thing in the wiki on things to look for in a relocation package.

They can apply whenever they wish and depending on visa category, it can take anything from a year to several years to get.
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Old Mar 26th 2012, 3:59 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker
If he can get his company to agree to a green card, could I work then? How likely is it that he could negotiate this? How long would it take?
If you guys are looking to move permanently to the USA, then your husband should get it in writing from the company, as part of the hiring contract, that they will apply for your green cards, and have them put a specific date that they will apply. The employer can drag their feet on this one so long that your time in the USA comes to an end with no green card application having been filed.

As others have said, how long it takes depends what category you fall under.

Part of the green card application includes permission to work (EAD - Employment Authorization Document), which takes about 90 days to get in hand after filling the adjustment of status paperwork. Once you have your EAD in hand, you can work.

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Old Mar 26th 2012, 4:24 pm
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Default Re: Husband has been offered a job in New York- can I work?

Thanks everyone!

So, we are still at the early stages of the offer. How do the categories work? Can he request a particular category then? I've read the wikis and think that we'd be H1- he isn't transferring and he'd fall under the 'talent' category.
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Old Mar 26th 2012, 4:38 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker
How do the categories work?
They're based on the job title, responsibilities, education, experience... and the like. There are several categories, for example EB3 (employment-based, 3rd preference) or EB2 (employment-based, 2nd preference). Second preference is better than third preference.


Can he request a particular category then?
He can request one, yes... but it's not going to happen.


I've read the wikis and think that we'd be H1...
A visa is different from a category.

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Old Mar 26th 2012, 4:51 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker
Thanks everyone!

So, we are still at the early stages of the offer. How do the categories work? Can he request a particular category then? I've read the wikis and think that we'd be H1- he isn't transferring and he'd fall under the 'talent' category.
If you're H1B, then you won't be moving to the US in August, unless September suddenly left the calendar.

They apply for the visa in April, can't start work till October.

What category you fall into depends on what the job entails and your qualifications, you can't really pick and chose, you either are or aren't in a category pretty much.
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Old Mar 27th 2012, 1:46 pm
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Default Re: Husband has been offered a job in New York- can I work?

Originally Posted by clarker
That's what I mean. I'm unlikely to get a visa on my own despite my degree, postgrad certificates and masters...!

If he can get his company to agree to a green card, could I work then? How likely is it that he could negotiate this? How long would it take?

Thanks guys again for your help!
Why do you say this?
And what is it that makes you say you won't be able to teach in New York?

If you have a Masters then it can make getting a visa somewhat easier, especially if you could secure a job in academia ie teaching people to become teachers!
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