paddym

Hey guys,

I have been looking through the posts and it really gets confusing with all these different sorts of visas and restrictions so was wondering if someone could help.

My girlfriend has applied for a teaching job in Chicago and we are looking to find out what would I have to do to join her there if successful? Would I be able to go on her visa as it stands or would we have to be married. Or would I not be able to go at all?

English88

As I've seen written many times, there is no "shack up with girlfriend/boyfriend" visa. Which visa type has she got/hoping to get?

paddym

I have no idea what type of visa would be offered should an offer be presented. I know it's a permanent job in an international school.

I'm just looking for basically what we would have to do to allow me to go with her?

English88

You'd have to be married to be eligible to go with her and that's only if the visa she would get (which will have to be applied for, she won't just be offered one) allows derivatives. There are some very knowledgeable people on here that will give you more detailed advice but don't get your hopes up too much.

Orangepants

It would probably be a H-1B which can only be applied for on April 1 due to limited numbers available. So she'd be looking at a 2016 application to start Oct 2016.
You'd have to get married and you wouldn't be able to work

Pulaski

It will likely be an uncapped educational H-1B, so not subject to the delay in starting. Though that doesn't alter the fact that an accompanying spouse on an H-4 still can't work.

To the OP, I recommend that you take a look as this thread because you appear to be asking very similar questions.
That's not actually true, as there is always the B2 "accompanying domestic partner" visa, but that should be about the last possible resort, and in any case you can't work on a B2 ADP visa either.

paddym

Ok thanks for the replies so far. So say it's this uncapped educational visa as it is for a start this August. If we where married would I be able to go with her?

Guindalf

Yes, but not able to work.

paddym

For how long?

English88

I'm sure I read something about some H-4 visa holders being allowed to apply for EAD later in the year?

Pulaski

Work? .... For as long as you're in the US on an H-4. ..... Unless you can get your own visa (check the two Pulaski wikis in the US section of the Wikis tab above).

Hypothetically if your spouse was sponsored for a green card by her employer, you would "tag along" and get your own green card, and then you could work.
From what I read, it's only a small subset of H-4's that are affected by the change.

Pulaski

Get your own visa ...... I edited/expanded my post above.

paddym

Thank you, i know there's a lot of ifs and buts. Basically need a quick marriage, take a leap of faith and hope I get sponsored for a visa when I get there� ����

Pulaski

Kind of, but what qualifications do you have? US immigration based on employment is very heavily skewed towards people with a degree.

Even if you have qualifications that make you theoretically eligible, what skills do you have that make you attractive to a US employer? Applying for a visa for you (you are prohibited from paying for it yourself), is going to cost an employer $5k+ in visa and lawyer's fees and take several months when there are US citizens who can start work within two weeks and have no associated fees.

paddym

I don't have a degree unfortunately. My qualifications are in railway engineering.