green_giant

Hi All,

I am currently living in the UK married to a USC (for just under a year). I have a job offer from a US company to start work in October. I currently have an undergraduate degree and am nearing the end of my PhD (planning to submit before leaving the country). I have just been refused permission to file I-130 in London (our chosen route in to the US) due to my wife's UK visa being the two year limited one. I'm now in the situation where filing I-130 in the US will not be quick enough. I've just let my employer know the situation and they are trying to sort things out from their end. I'm sceptical however about their chances of getting me an H1-B. Essentially I would like to get an immigrant visa supported by my wife and her family but have it fast-tracked by virtue of my connection with my future employer. Does anyone know of any other options available to me? Is there any chance of me getting my I-130 expedited?

Thanks

ian-mstm

Unless they are exempt from the H-1B cap, the chances are zero... the quota was filled on April 1. Sorry.


I don't know of any "fast track" route to immigration. If one was available, everybody would use it. Even if your wife files the I-130 today, you are still looking at about 8-10 months before you set foot in the US with permission to work.

Ian

Bill_S

I doubt there's any chance of it being expedited; everybody wants the I-130 approved fast.

Ph.D. you say? It might be a longshot, but how about having the employer look into an O-1 (extraordinary ability). I'm not sure of your chances with the ink still wet on the diploma, but if the employer isn't cap exempt, H1 is completely out.

Noorah101

There is no way to do this.

I think you basically have 2 options. 1) File the I-130 in the USA and wait the 8 to 10 months for your immigrant visa, then start your job in the USA after that; or 2) Have your employer file for your H1B next April so you can start work in October 2009 (unless as Ian said, the job is exempt from the cap).

Not from what you've said, no. The only way of "expediting" it would have been to file it in the UK, which is a much faster process than filing it in the USA...but London has nixed that option for you.

Best Wishes,
Rene

meauxna

How long has your wife been living in the UK? Did she include any particular evidence to show that the UK is and has been her primary residence for over 6 months?
This is a bit of a peculiar outcome--London is getting the weirdies again...

Tracym

But the H1B for next october is no guarantee right - 1 in 3 odds or something? (I remember it's a lottery, but not sure if I'm remembering the odds correctly).

fatbrit

You do, and they do.

Noorah101

Right, there's no guarantee. I don't know the odds, but it's a lottery. But if he wants to move over on work merits only (not by marriage to a USC), that's his chance.

Rene

BritishGuy36

LOL