Clairerose

Hi there

I'm new to this forum so hello, and apologies if I'm in the wrong place!

I'm looking for some help/final opinions on our situation regarding relocating to the states. My boyfriend and I have been together for 5 years, living together for 3+, and he has been offered a great opportunity working for a US based company in silicon valley. The company is sponsoring him on an O1 visa, which is great but doesn't allow me to "piggyback" on his visa as we are not married. I have spent weeks researching my own situation to see what type of working visa I could apply for and it seems the situation is pretty dire! I am an experienced fashion buyer, with a textiles degree and 5 years experience within the buying industry. As much as fashion buying has become a specialised skill, which often nowadays requires a relevant degree for entry level positions, I can't see myself meeting the criteria of an O1 visa. My partner's company have their own immigration lawyer who has been working with us, and the best recommendation they have made is for me to explore the opportunities of "re-training" on a J1 visa. Having looked into this, I could find an internship within the fashion industry, but I would be restricted to living in the states only for the length of the internship. The company would also need to prove that I am on a structured "re-training" programme, which seems quite unlikely considering they could easily hire a student or a US citizen graduate.
It is really important to me that I work whilst we are over in the states - we are both young (I am 28) and San Francisco is an amazing place for me to work within my industry, with some of the largest fashion companies based in the city.

I am sure I know the answers already, but does anyone have any ideas of any other visas I could try, or any ideas as to how I could gain a working visa? (Just to mention, We did look into getting married, but an O1 visa spouse is only granted residency and not working rights.)
Sorry for the very long post but I would be so grateful of any advice - it's our dream to get over there but my career is also very important to me and I would hate to not be working!
Thanks so much in advance for any advice you can give.

ian-mstm

Get married. It's the easiest way to solve the initial problem.


With respect, you can't have it both ways. Either get married so you can live in the US with your (then) husband... or you get a visa on your own and hope that you both end up in the same city! That said, there's no reason you can't change status should you find someone in the US willing to hire you and sponsor you for an employment-based visa. It'll be a lot easier to find someone once you're there... it's very difficult if you're even in the US.

Ian

Noorah101

There are only limited options for you. You need some kind of work visa. The typical options are:

1. H1B. Find a US employer willing to hire you and pay for your visa. Employer can file petition on April 1, 2016 for s start date in October 2016. The job must require a degree, and you must have the relevent degree and/or experience.

2. Work in the UK for a company that has a US presence. After 1 year, ask for a transfer.

Since it seems a J-1 doesn't fit your needs, I can't think of any other options that include you being able to work.

and, even if you get one of those options above, there's no guarantee that your work will be anywhere near his work. You could end up living across the country from each other.

Rene

Pulaski

3. (Assuming you're British) get hired by a British owned company in the UK and then get transferred to the US at a time agreeable to you and your employer. This could be immediately (no need to have worked for them in the UK for even a single day) subject to you obtaining an E2 "treaty trader" visa.

Clairerose

Thanks everyone for all the comments. I had a teeny bit of hope that someone would say "oh did you think of the 04840LK visa which would allow you to work?!" Haha! At least I know I have done my research thoroughly. I am going to try and explore the J1 - hopefully I can make something work for me.

ian-mstm

What's more important to you... being together or working? Since US immigration doesn't much care about your dreams or your wants, people often discover they need to choose between two mutually exclusive options.

Ian

NatashaB

Marriage really is your easiest and cheapest option here.

Clairerose

Hi Ian
I guess it's being together, which is why we are going for it. Everything is in motion for a move over there on 15th September - we have a good package financially (although not THAT great for SF Bay I am discovering!) I just find it hard knowing it's unlikely I'll be able to work. I love my job and also have a good career so giving that up is hard, but we have both been keen to try the states for a few years and we have decided that if we don't go now, it's unlikely we'll ever have the opportunity again. Plus with my job, it's doubtful that our situation would ever change to allow us to both get work - there aren't many companies I can work for who can offer an L1 in SF. I guess my options are to explore J1 and volunteer work with the hope we might be granted H1B visas next year.

Noorah101

Why would your boyfriend switch from O-1 to H1B?

When you say you're going for it, does that mean you'll be getting married before heading to the USA?

Rene

scrubbedexpat099

Get married and get a GC asap and then you can work.

Clairerose

Hi Boiler
Thanks for your Reply. What's a GC?

mikelincs

GC = Green Card.

Clairerose

Hi Rene

We're not getting married yet. We would have if it allowed me to work, but a spouse on an O1 still can't work. I understood that the spouse of an H1B CAN work, which is why we would look at applying for that and getting married beforehand. We are exploring all options with our lawyer - currently the plan is for me to go out there on an ESTA and then they will submit my application for the B-Type visa which would allow me to stay for a further 6 months. If I have understood correctly!

Pulaski

That is incorrect, the spouse of an H1B cannot work, except under limited circumstances (a GC application has been submitted). That is also horribly incorrect. You cannot switch from an ESTA/VWP visit directly to a B visa while in the US, and in any case people who are eligible for ESTA/VWP are routinely rejected for a B visa.

Clairerose

Hello
I would be returning to the UK at Christmas - I would then come back out in January on a B2 cohabiting visa if this was granted.