SanDiegogirl

Thanks for this info. Understood.

SanDiegogirl

I really did not know this. Having heard so many people call the H4 the 'dreaded' H4 because one could not work with this visa, I thought that you were completely unable to move from this visa to a work visa.

So, a trailing spouse, even though provided the H4 prior to moving to the US, (maybe due to the fact that she/he looked after the children and did not have a job at the time of moving) can apply for jobs once in the US and if successful, can change from the H4 to an applicable work visa.

Thank you for clearing this up.

Noorah101

Yes, the scenario you describe above is possible. But difficult. Chances are slim that the trailing spouse would meet all this criteria:

1. Be eligible for an H1B based on his/her own merit
2. Find a company willing to sponsor an H1B
3. AND that company is be in the same city where the H1B holding spouse already works (unless of course the couple doesn't mind living apart)

But of course they can search and apply for jobs. If it pans out just right, it would be a small miracle.

Rene

Debsr84

Hi, I have just been doing some research into B2 VISA and have gladly came across your thread. I am currently in the exact same position as you and moving across to America with my boyfriend who has an H1B visa. I have not been for my interview at the embassy yet but a bit nervous about it as not really sure how long the grant etc. I was just wandering how things are going for you, if you have been able to work and what you are both planning to do next? Would be great to chat to someone who is going through the same thing!Any advice would be much appreciated.

Thanks

Debbie

ian-mstm

Respectfully, unless you are married to him, you will be visiting the US... not moving. It is a subtle, but very important, difference. That said, good luck to you!


You can not work on a B-2 cohabiting visa... ever!

Ian

Debsr84

Oh well, even better then eh? Cause working ain't half as good as living!

Zenith Blue

Hi, to answer your questions, I've not been able to work, I've been looking, but the cap for H1B visas was reached a few weeks ago so that's not looking like an option for a while. I've had work offered to me by well meaning friends but have not been able to take it, which is hard sometimes. Some people have an attitude of 'no one will find out' but I couldn't ever take that risk because it wouldn't just affect me, it would affect my boyfriend too. Fortunately we can afford for me not to work, but I want to work, I miss the socialisation and the feeling of being valued that comes with a job, I also miss being independent financially.

My boyfriend and I are looking at the option of me going to college in San Jose, and obtaining a student visa. They have an excellent looking course which covers a lot of what I was doing for a job before I left, and so combining that degree with the experience I have should be a winner. This will hopefully work out well for a number of reasons, it'll give me a recognised qualification which I don't currently have, it gives me some security in staying in the country, and I may also be able to do some paid work legally, either on campus or through work placement or work experience. It gets me out of the house and doing something. And hopefully afterwards I will be a better prospect for a job out there.

At the moment though I'm back in the UK on a bit of an extended stay. The entry stamp on my visa was coming up to expiry so I had to either apply to extend or leave, I had a flight booked so brought that forward and came back to the UK for a while. But the olympics and the summer holidays mean the cost of flights is too high at the moment for us, so I decided to stay for the summer!

My intention is to work here for a little while, save the money, and return either on the tourist visa and change status in December, or wait and return on the student visa, to start college in January. The second option means a little while apart which will be hard, (although the boyfriend is going to be able to come to the UK and work here for a few weeks from September). I can't enter the country on a student visa until 30 days before my course starts. Unless something very bizarre happens between now and then and we end up getting married.

As far as the embassy goes, it wasn't too bad, they didn't really ask me any questions, they just spoke to my boyfriend as we went to apply for our visas at the same time. I just tried to be very polite and deferential, and do as I was told. The visa they gave me was for three years, the same amount of time as they granted his H1B for. The difference is on entry he got granted the full entry stay and I got 6 months.

I'd strongly recommend trying to find yourself something interesting to do once you get out there. Join a club, take up a hobby, volunteer at a homeless shelter or something, it's very easy otherwise to settle into a routine of doing nothing and feeling rubbish about it. Having your other half coming home every day raving about his job while you've done nothing all day can put a strain on the relationship too, and if you've never been reliant on another person for money it can be hard to get used to, in my experience.

Good luck with it all, it's not easy, let me know if I can help at all.

John Manley

That is a really interesting thing to say to the public. 1000s of arrivals daily and it is not possible for a CBP officer to make a mistake. LOL.

I found this material off the following link on cohabiting B-2s that might be of interest:
http://travel.state.gov/visa/laws/te...rams_1414.html

"...most often USCIS grants B visitors an initial admission of six months. However, the initial period of admission is extendable in six months increments, and there is no absolute limit on the maximum length of stay available in B-2 status."

Zenith Blue

Well, in case it's of any value to anyone in the same situation as me, here's a bit of an update. I travelled back to the USA last week with my boyfriend, after staying in the UK for about 9 weeks. I had a flight return booked for about a week shy of the six months, so was granted six months entry to the country. I got another lecture from the POA staff guy, basically he said that the visa I have is not designed for what it is I'm trying to do and frankly me and the boyfriend should get married! Yes he actually said this to us both! (And secretly I do agree with him, but don't tell the boyfriend that!) But he stamped the visa and away we went.

Not sure what the long term plan is, I'm looking at college maybe in January, or more likely next September, but the process of applying for a change in status to the required F1 visa looks daunting in more ways than one. I'll be starting a separate thread about that in a minute.

To apply for the F1 despite having somewhere to live and full health insurance, I still have to show I have the full cost for a year of study, including fees, materials, standard accommodation and insurance costs in the bank before I apply, which is a lot of money. Plus obviously any change in status will be looked at very closely and questions will be asked as to why I came into the country instead of staying in the UK and applying, so we'll see, I may have to go back to the UK and do it from there.

At the moment I've signed up to a local volunteering programme run by the city and they have me shelving books at the local library with a bunch of other volunteers, which is nice, and gets me out of the house and meeting people regularly, it makes me feel useful too which is good.

And I'm catching up on all the guilty pleasure TV shows I missed over the summer too! So it's all good.

jamiek

Kat - This is a really useful thread...

I'm currently in a the limbo of a pending H1-B and working out ways that my girlfriend is able to come out to US once my status is through. This is the best news!

there's a couple of practical questions;
- it sounds like you just turned up at the border control on the first visit, surely not?

- Or did you apply for B-2 visa at the same time as your boyfriend at the embassy in London?

- at what stage for the H1-B did you boyfriend make clear that you'd be joining him, I don't seem to have come across anything so far.

- what evidence where you asked to provide to confirm co-habiting status? if it's not too personal a question how long had you been together and living together?

- I was previously discouraged at looking at this by a friend living in the US as she thought they were frequently denied, leading to future ESTA/Visa nightmares, can anyone shed any light on this...

Anything else you can help with as usual tips would be greatly appreciated!

Thanks so much
J

Zenith Blue

I've answered your questions as they are listed. The best advice I can give you is be patient and polite at the embassy, and of course be honest and upfront about things. Be prepared for the process to take time. Between my other half getting the confirmed job offer and starting work about two and a half months elapsed, and we were reassured that this was quick.

But yeah, the biggest problem is border control at the US point of entry. Most of the border control officers will only give you six months entry on a tourist visa, regardless of the reason for the visa. Which means at some point in the next few months you can look out from an update from me on how applying to extend my stay goes. The tourist visa is not the best solution, if a variation of the H4 visa was available for non married partners then that would be better, but then proving a relationship without a marriage certificate would be hard and wildly open to abuse I can imagine.

Debsr84

Thank you for your update on your situation. It is very helpful for me as you seem to be living this experience one step ahead of me and I am just about to embark on what you have already began. I have just recently returned from London after been approved for my B2 visa and have now booked my flights and am leaving in 9 weeks to join my boyfriend in Louisville. The work situation is still a bit of an issue but I am currently in contact with a few schools districts out there and I am hoping to secure a sponsorship for the school year 2013-2014. In the mean time I am moving across for 6 months and def going to take up volunteer work and join a few clubs! I was also looking into trying to get a work from home data entry job before I leave for America. This means you can work from home and still get paid into your british account. Have you looked into this? It is not illegal and would be a good way of earning some pocket money.

As for you, it sounds like you have had a nice summer with the Olympics and I am sure it would have been lovely to see friends and family etc. I am flying back to Glasgow after 6 months but I am unsure of how long I should stay at home for before returning to America? Anyway, we are just taking everything as it comes and crossing one bridge at a time...because really who knows what is around the corner, as long as you stay positive then everything will work out the way it is supposed to.

Good luck and let me know about your application for extension!

Debbie

ian-mstm

Actually, it is illegal. You can not work without permission while you're in the US. It doesn't matter where the job actually is, where the money comes from, or where the money goes. All that matters, is that your body is inside the US at the time... and that makes it illegal.

Ian

Debsr84

Well you should tell that to the embassy because it is in the small print

Jerseygirl

It would be very useful if you could either post a link to that info or copy and paste it in this thread...giving info on where it came from. Thanks.