FIEVEL

Hi all,

I resigned from my last job a month or so ago and have been approached by a couple of companies in the USA (one large, one small) as I specialise in a very niche area (I think there are three people doing the same thing as me in the US).

I would like to get back to work as soon as possible and was wondering what the best visa route would be.

From my understanding the H1B route would be sent in in April and then I would be eligible to work there in October?

My wife is American (resident in the UK for the last few years), so we are eligible for the DCF process I believe (I am a UK citizen) and it would take 4-6 months from now to be fully eligible to work in the states?

Both companies are flexible on location initially as I can do my job remotely (from London? neither have UK offices) and travel a huge amount, but I would like to get to the US offices asap as it would make things much easier and receive benefits etc.

Can I say for my DCF application that I am looking to move to the US and already have a job lined up?

meauxna

Hello, aren't you a lucky fellow? A wealth of choices.

First you'll want to find out if there are H-1B visas left for *this* fiscal year. I think there might be.
If so, an employer can petition for you and actually have you into the US, under their thumb in about.. oh, 4 months or so.

If your wife petitions you in London, you can become a Permanent Resident in about, oh, 4 months. (ok, maybe 5, but they are going pretty quickly right now).

When you apply for your Immigrant Visa (after the 'DCF' of the I-130) and your wife is completing the I-864, your salary can not be 'counted', but it may have an impact on your overall application (positive effect).


Speak with the employers, but I don't see how they can get you to the US any faster than through your wife, at this point in time. The resulting visa/status is 'less' than what you would get through your wife as well.

FIEVEL

Thanks meauxna! Lucky indeed, not many jobs in my field so fortunate to have had a couple pop up in the states.

I'm thinking of sending in the I-130 in the next few days as I still have to fly out to the states to discuss with both employers in January and so wouldn't receive formal offers until after.

For the I-864 given my wife is not working at the moment, can I put her parents in the states as my sponsors? I believe they earn comfortably above the required level.

Noorah101

Your wife still needs to complete an I-864, even if she doesn't qualify financially. Her parent(s) can be joint sponsor(s), if they earn enough for their own household size plus the immigrant. You'll need to look at the I-864P to see the income level they need (the 125% column). www.uscis.gov, Forms, I-864P.

Your wife will also need to prove her intent to domicile in the USA, unless she moves to the USA ahead of you.

The DCF questions should actually be asked over in the US Marriage-based forum. Lots more threads on this topic over there.

Rene

FIEVEL

Thanks Noorah101, have been rummaging through there.

An additional question on the H1B processing times - looking at this page: http://www.uscis.gov/h-1b_count there seems to be space under the cap for this year. With the premium processing option, wouldn't this be a quicker option? So, for example, I accept an offer mid January and then it would only take 1-2 months to get to the US in March?

Noorah101

I don't know for sure...maybe...BUT, once inside the USA on an H1B visa, then you would adjust status to permanent resident via marriage to your USC spouse. More paperwork, more fees, more waiting (adjustment of status takes about 6 months). Of course you can continue working in the H1B in the meantime.

Might make more sense to just wait the extra couple of months and go into the USA on an Immigrant Visa and become a US PR right away.

Rene

Noorah101

.... Although, if you can get over on the H1B, that takes care of paying for the move over! Let it be at the company's expense!

Rene