Mary

Hi

I am sorry to keep asking so many questions, but it is all go for me at the moment and it is “decision time” so I need some advice. I mentioned before about my fiancé’s situation. Now mine. It appears that I may have found someone to sponsor me for an H1B visa for next year. I am an auditor and the Big 4 companies are recruiting now for October 2007. I mentioned during my interview that I would most definitely want the process started asap for an EB2 visa (apparently they have done this before for their other H1). I think I would qualify based on the fact that I have a BSC + 5 years experience and I am a manager. Now the problem is. My fiancé and I will get married earlier next year, so I believe he can come on an H4 visa. We mentioned before about him working for a charity, but it seems this is a no go, so he may still continue volunteering for this charity (unpaid, I assume he can do this) or do more computer courses. I also heard that at some stage of the EB2 application he can get an EAD and work. My question is.. how long will this take? The figures seem to be current for the EB2, he can just about not work for 1 maybe 2 years, but no longer than this. I don’t want to take a job and then it does not work out for us.


Thanks!

Mary

OK, as I said, it is all go, and I think I found someone willing to sponsor me for an EB2 now, rather than wait for a H1B. Apparently that is what they have been doing before. Does anyone know how long these EB2 take? Also, do I have to be married at the time my application goes through or can I get my greencard, then get married and attach my husband to it so he can get an EAD?

Anyone?

Bob

Some issues, he won't be able to do "charity" work if it is for something that would ordinarily be a paid position.

As for applying for an EAD, when you get around to filing for AOS, so would be a long time yet...and EB2....long time in coming, I think a few years, which is why people go for the H1B.

Bob

And when you go for the greencard, you have to be married to get your spouse one, if you don't, then you would have to sponsor him, and not being a USC, would mean it would take years.

J. J. Farrell

Mary wrote:
    > >
    > > I am sorry to keep asking so many questions, but it is all go for me
    > > at the moment and it is "decision time" so I need some advice. I
    > > mentioned before about my fianc�'s situation. Now mine. It appears
    > > that I may have found someone to sponsor me for an H1B visa for next
    > > year. I am an auditor and the Big 4 companies are recruiting now for
    > > October 2007. I mentioned during my interview that I would most
    > > definitely want the process started asap for an EB2 visa (apparently
    > > they have done this before for their other H1). I think I would
    > > qualify based on the fact that I have a BSC + 5 years experience and I
    > > am a manager. Now the problem is. My fianc� and I will get married
    > > earlier next year, so I believe he can come on an H4 visa. We
    > > mentioned before about him working for a charity, but it seems this is
    > > a no go, so he may still continue volunteering for this charity
    > > (unpaid, I assume he can do this)

Probably not. "Work" under immigration law is essentially any
occupation for which a US citizen would normally expect to be paid - it
doesn't matter whether or not the person gets paid. Volunteering for a
charity is a gray area and a case would be determined on its merits -
but I suspect that doing professional work such as web development
would almost always be interpreted as "work" for immigration purposes.

    > > or do more computer courses. I also
    > > heard that at some stage of the EB2 application he can get an EAD and
    > > work. My question is.. how long will this take? The figures seem to be
    > > current for the EB2, he can just about not work for 1 maybe 2 years,
    > > but no longer than this. I don't want to take a job and then it does
    > > not work out for us.
    > OK, as I said, it is all go, and I think I found someone willing to
    > sponsor me for an EB2 now, rather than wait for a H1B. Apparently that
    > is what they have been doing before. Does anyone know how long these EB2
    > take?

I don't know the latest figures, but it usually takes several years to
get an EB greencard. It varies with the details, and things have
speeded up a bit with the introduction of the PERM system. It's very
unlikely that you'd get one quicker than you'd be able to start work on
an H-1B.

    > Also, do I have to be married at the time my application goes
    > through or can I get my greencard, then get married and attach my
    > husband to it so he can get an EAD?

Once you had a green card you'd be able to sponsor your new husband for
one. However, that process usually takes years longer than the EB
process, and he may not be able to enter the USA during those years. If
you're married to him by a certain stage in your EB application
process, he would get a GC automatically at the same time as you. He'd
also be able to get an EAD somewhere along the way (the same time as
you I think) but I don't know the timing of the stages.