Swapping Visas
Nov 13th 2004, 7:37 pm
#1
Just Joined
Thread Starter
Joined: Nov 2004
Location: UK
Posts: 7
Swapping Visas
My husband, kids and I are thinking of relocating to the US in Spring 06. We have lived in the US before when our kids were small and I didn't work. This time hubby wants to make sure that I won't be "dossing around" (his words) and wants us both to apply for H1B visas (we are both eligible). Personally I think it will be hard enough finding him a job, let alone finding me one too and co-ordinating getting visas and starting work at the same time. If i go over on a H4 visa how hard would it be and how long would it take to swap to H1B once I find a job? I think it will be easier for me to find a job (teacher) once I am in the country.
Also, our son will be nearly 19 when we go and will be going to college. As he will turn 21 after two years would it be easier to get him a Student visa here to start with or swap from a H4 while there?
Also, our son will be nearly 19 when we go and will be going to college. As he will turn 21 after two years would it be easier to get him a Student visa here to start with or swap from a H4 while there?
Nov 14th 2004, 2:28 pm
#2
Guest
Posts: n/a
Re: Swapping Visas
JaneyH <member31989@british_expats.com> wrote in message news:<[email protected] om>...
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time.
I agree.
> If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job?
It would take the same length of time for your employer to get H-1B
approval wherever you are - a couple of weeks if he pays the extra
$1,000, else longer. However, if you're already in the USA as an H-4,
the application can include a request to change your status to H-1B
so you'd be able to start work as soon as the approval arrived. This
saves you the time, cost, and hassle of applying for a visa, though
you'd then have to get a visa later if you wanted to leave the USA
and reenter as an H-1B later.
> I think it will be easier for me to find a job (teacher)
> once I am in the country.
Agreed. One thing to bear in mind is that the H-1B cap is being hit
early in each financial year at the moment, so that will pla in to
the timing of when you can start work. For example, as of a couple
of months ago, the earliest available date for a new H-1B to start
work is October 1, 2005 (unless the employer os exempt from the cap).
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
I don't know much about this area, but I guess he'd be better getting
an H-4. That's automatic if you or his father get an H-1B, rather than
him having to prove that he will be a genuine student and what not.
It also means he can look round and choose somewhere at leasure while
in the USA. There should be no problem changing status later.
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time.
I agree.
> If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job?
It would take the same length of time for your employer to get H-1B
approval wherever you are - a couple of weeks if he pays the extra
$1,000, else longer. However, if you're already in the USA as an H-4,
the application can include a request to change your status to H-1B
so you'd be able to start work as soon as the approval arrived. This
saves you the time, cost, and hassle of applying for a visa, though
you'd then have to get a visa later if you wanted to leave the USA
and reenter as an H-1B later.
> I think it will be easier for me to find a job (teacher)
> once I am in the country.
Agreed. One thing to bear in mind is that the H-1B cap is being hit
early in each financial year at the moment, so that will pla in to
the timing of when you can start work. For example, as of a couple
of months ago, the earliest available date for a new H-1B to start
work is October 1, 2005 (unless the employer os exempt from the cap).
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
I don't know much about this area, but I guess he'd be better getting
an H-4. That's automatic if you or his father get an H-1B, rather than
him having to prove that he will be a genuine student and what not.
It also means he can look round and choose somewhere at leasure while
in the USA. There should be no problem changing status later.
Nov 14th 2004, 2:30 pm
#3
Guest
Posts: n/a
Re: Swapping Visas
As long as your husband is maintaining his H-1B status (e.g. working
for petitioner & not engaging in unauthorized employment) and you have
not engaged in unauthorized employment nor allowed your I-94 to expire
then you should be able to change status in the U.S. to H-1B if you
find a qualifying job. However, note that you will probably be subject
to the H-1b cap which means you won't be able to even apply for H-1B
until 4/1/05 and it will be approved with a 10/1/05 start date.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Secondary fax: 248/680-0627
The statements in this message have not been confirmed by legal
research, and are not intended as legal advice nor to create an
attorney-client relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
JaneyH <member31989@british_expats.com> wrote in message news:<[email protected] om>...
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
for petitioner & not engaging in unauthorized employment) and you have
not engaged in unauthorized employment nor allowed your I-94 to expire
then you should be able to change status in the U.S. to H-1B if you
find a qualifying job. However, note that you will probably be subject
to the H-1b cap which means you won't be able to even apply for H-1B
until 4/1/05 and it will be approved with a 10/1/05 start date.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Secondary fax: 248/680-0627
The statements in this message have not been confirmed by legal
research, and are not intended as legal advice nor to create an
attorney-client relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
JaneyH <member31989@british_expats.com> wrote in message news:<[email protected] om>...
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
Nov 14th 2004, 5:44 pm
#4
Guest
Posts: n/a
Re: Swapping Visas
Others already pointed out the quota issue. Since you say that you want
to work as a teacher, that can be a pretty serious obstacle. Schools
rarely hire teacher in the middle of the school year, and they are often
not able to plan ahead long enough to file in April for an October 1
start date, either.
By the way, you don't say where you are from. But if you are from a
qualifying country, don't forget to enter the visa lottery; it is going
on right now. If you are very lucky, you may not have to worry about
H-1Bs at all.
JaneyH wrote:
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
>
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
to work as a teacher, that can be a pretty serious obstacle. Schools
rarely hire teacher in the middle of the school year, and they are often
not able to plan ahead long enough to file in April for an October 1
start date, either.
By the way, you don't say where you are from. But if you are from a
qualifying country, don't forget to enter the visa lottery; it is going
on right now. If you are very lucky, you may not have to worry about
H-1Bs at all.
JaneyH wrote:
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
>
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Nov 15th 2004, 7:53 am
#5
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: Swapping Visas
Originally Posted by Ingo Pakleppa - wee web site for email
<<snip>>
By the way, you don't say where you are from. But if you are from a
qualifying country, don't forget to enter the visa lottery; it is going
on right now. If you are very lucky, you may not have to worry about
H-1Bs at all.
By the way, you don't say where you are from. But if you are from a
qualifying country, don't forget to enter the visa lottery; it is going
on right now. If you are very lucky, you may not have to worry about
H-1Bs at all.
JaneyH wrote:
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
>
<<snip>>
> My husband, kids and I are thinking of relocating to the US in Spring
> 06. We have lived in the US before when our kids were small and I
> didn't work. This time hubby wants to make sure that I won't be
> "dossing around" (his words) and wants us both to apply for H1B visas
> (we are both eligible). Personally I think it will be hard enough
> finding him a job, let alone finding me one too and co-ordinating
> getting visas and starting work at the same time. If i go over on a H4
> visa how hard would it be and how long would it take to swap to H1B once
> I find a job? I think it will be easier for me to find a job (teacher)
> once I am in the country.
>
> Also, our son will be nearly 19 when we go and will be going to college.
> As he will turn 21 after two years would it be easier to get him a
> Student visa here to start with or swap from a H4 while there?
>
<<snip>>
Nov 15th 2004, 7:16 pm
#6
Guest
Posts: n/a
Re: Swapping Visas
NC Penguin <member2310@british_expats.com> wrote in message news:<[email protected] om>...
> >
> > By the way, you don't say where you are from. But if you
> > are from a qualifying country, don't forget to enter the
> > visa lottery; it is going on right now. If you are very
> > lucky, you may not have to worry about H-1Bs at all.
>
> OP is from the UK. Only UK citizens eligible for the US Visa
> Lottery are those from Northern Ireland only.
Citizenship is irrelevant. Most people born in Britain are not
eligible.
> >
> > By the way, you don't say where you are from. But if you
> > are from a qualifying country, don't forget to enter the
> > visa lottery; it is going on right now. If you are very
> > lucky, you may not have to worry about H-1Bs at all.
>
> OP is from the UK. Only UK citizens eligible for the US Visa
> Lottery are those from Northern Ireland only.
Citizenship is irrelevant. Most people born in Britain are not
eligible.
