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H1B Visa holder - best option for partner to be allowed to work??

H1B Visa holder - best option for partner to be allowed to work??

Old Aug 18th 2016, 1:36 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Thanks Pulaski. I guess we just take each day as it comes now!

Also understood any changes to law in USA take a long time to get through, so an immediate change is pretty unlikely with the new president - time will tell
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Old Aug 18th 2016, 1:40 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

I thought it was done by executive action not law.
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Old Aug 18th 2016, 1:46 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
Thanks Pulaski. I guess we just take each day as it comes now!

Also understood any changes to law in USA take a long time to get through, so an immediate change is pretty unlikely with the new president - time will tell. .....
That is incorrect - as Boiler noted cryptically, the issuance of EADs under the strategy approved by President Obama is not a law, it's an executive action, i.e. within the discretion of the President (the reason is that the President is empowered to do anything that isn't legally prohibited) and could be changed tomorrow if President Obama got out of bed on the wrong side. ..... Executive actions can be changed pretty much at the whim of the president.
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Old Aug 18th 2016, 1:53 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Great to know, thanks for clarifying what that meant Pulaski - you really give a lot of your time to help unravel this minefield for folk like me. Thank you again.
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Old Aug 18th 2016, 2:11 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
Great to know, thanks for clarifying what that meant Pulaski - you really give a lot of your time to help unravel this minefield for folk like me. Thank you again.
You are very welcome. ..... Good luck with whatever you decide to do.
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Old Aug 18th 2016, 2:14 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
Great to know, thanks for clarifying what that meant Pulaski - you really give a lot of your time to help unravel this minefield for folk like me. Thank you again.
Only made sense after he edited it.
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Old Aug 18th 2016, 2:31 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Odd the first version I saw said something else. Not was missing. Couple of other changes?
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Old Aug 18th 2016, 2:34 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by Boiler
Odd the first version I saw said something else. Not was missing. Couple of other changes?
Ah, it must have been one of those edits made within a few seconds and therefore doesn't show as being edited, so yes, you are correct.
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Old Aug 18th 2016, 2:35 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by Pulaski
Ah, it must have been one of those edits made within a few seconds and therefore doesn't show as being edited, so yes, you are correct.
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Old Aug 18th 2016, 5:01 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

You can apply for the EAD once it's in progress but 'starting the process of a green card' might take some time as you are under the grip of the company/lawyer who have no real incentive to get this moving. Anyway just so you know the course of visas, lawyers, and immigration never runs smoothly so be very cautious with your timeline. I'd say that you will not be working for the first 1.5 - 2 years.
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Old Aug 19th 2016, 8:43 am
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Thanks guys. We are doing quite a bit of research into this now.
I will be doing a substantial amount of volunteering hopefully to keep me sane, and i will also be travelling in and out quite a lot so hopefully if it does take this long i wont lose the plot. We are now thinking initially B2, then H4 early next year.

The company bringing him in know he will only stay if we settle and if I can establish myself too, so they are keen to start the process as soon as possible or so they say now. This is not a huge company, its a family run business and they want us to stay in the states long term so its in their interests. There are only a handful of people in the states qualified to do the job (and not available or willing to move to right area) The recruitment process has been almost 2 years in total so all parties have already invested so much time and money.

the whole thing terrifies me, but you are supposed to do things that scare you, so lets see what happens.

I suppose there are worse things in the world than having to fill your time with charity work, so i am privileged at worst.
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Old Aug 22nd 2016, 10:32 am
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Does anyone know the score or have any experience re the following;

Could I stay employed by a UK employer whilst in the USA on a B2 visa? My understanding is that you are not allowed to work in the USA at all, but if I am just on a visitor visa, doing my normal UK role via the internet, is that an option?
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Old Aug 22nd 2016, 10:35 am
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
..... Could I stay employed by a UK employer whilst in the USA on a B2 visa? My understanding is that you are not allowed to work in the USA at all, but if I am just on a visitor visa, doing my normal UK role via the internet, is that an option?
No, it is mostly definitely not an option. You cannot work while physically in the US. Not only would working be illegal under the terms of a B2 visa, it would also be tax fraud, which would cause very serious issues with the IRS.
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Old Aug 22nd 2016, 12:50 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
Does anyone know the score or have any experience re the following;

Could I stay employed by a UK employer whilst in the USA on a B2 visa? My understanding is that you are not allowed to work in the USA at all, but if I am just on a visitor visa, doing my normal UK role via the internet, is that an option?
No, it's not an option.

You can stay employed by the UK employer, but you cannot do any work for them while physically inside the USA. This includes doing your job via the internet.

Rene

Last edited by Noorah101; Aug 22nd 2016 at 12:52 pm.
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Old Aug 22nd 2016, 5:12 pm
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Default Re: H1B Visa holder - best option for partner to be allowed to work??

Originally Posted by LaurenUSA
My understanding is that you are not allowed to work in the USA at all...
That's correct... and includes working remotely. Without employment authorization, you can not work if your physical body is inside the US.

Ian
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