Clairerose

How silly, of course! That's our best plan, just takes time of course. Do you know average time it can take for an O1 holder to be granted green card status, there are mixed messages online? I'm assuming 6 months plus? Thanks for your help.

sir_eccles

But you can't work on a b2 either. At least the O1 dependent visa is guaranteed to be issued pretty easily.

caleyjag

There are actually reasons for doing this particular maneuver.

Clairerose

Hi Rene
Are you able to expand?
Thank you

caleyjag

Switching from O1 to H1b is advantageous for travel freedoms when applying for the GC.

I'm not married so I can't comment on the pros and cons for dependent visas.

Noorah101

Clairrose,

If I were you, I'd go ahead and get married sooner, and get the dependent visa off of his O-1. That's SO much easier than trying for a B-2 visa. The dependent visa is a sure thing; the B visa is not.

Rene

sherbert

...don't count on anything where GC is concerned. As the spouse of an H1 you would be granted the H4 visa, the so-called visa-from-hell and you CANNOT WORK, EVER.

What you may have read about is some H4 visa holders being granted permission to work while waiting for their green card to be issued (i.e. it's been applied for and accepted and will be approved)...this will not apply to you for several years.

Bear in mind that not being married in the US means you and your BF effectively have no joint rights. His health insurance will most likely not cover you if you're not married and the company won't pay to bring you over either.

H4 status/or any other status that does not allow a spouse to work is truly shit and imho a violation of human rights but you can use it to your advantage depending on your skills, needs and wants. You can spend your time networking and preparing for your next career move (and start applying to relevant companies around April when the next h1b lottery round opens). Or you can try to find short term projects that take you *out of the country* (as you cannot work, even remotely, in the USA) for a few weeks at time to complete. Travelling in and out on a H4 is easy.

DottM

Lets not forget immigration is a privilege not a right!

tht

Good to know, I thought all visas were subject to the same criteria once the petition had been approved... e.g. any criminal history....

Noorah101

Well, yes, that's true.i was assuming you otherwise qualify to get the visa. I was just saying that the dependent visa, if you qualify, will not raise any questions as to why you want the visa. If you can prove you're married and that your spouse had an O visa (and you aren't somehow inadmissible yourself), you'll get the visa.

With the B-2 cohabitating visa, there is just more wiggle room for the officer to deny the visa in the first place.

Rene

sherbert

Let's also not forget article 23 of the Declaration of Human Rights: " Everyone has the right to work...".

But sure, I made my choice for various reasons and with full knowledge about the situation but that does not mean I will not speak out about it

Nutmegger

Within their own country. The article doesn't confer any rights to ignore international boundaries and demand employment.

sherbert

Demanding the right to work is not the same as demanding employment. But anyway, you're right, one must bow to the restrictions of the country in which one finds themselves. Or leave.