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Can we get to the States this way?

Can we get to the States this way?

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Old Sep 7th 2006, 5:12 pm
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Default Can we get to the States this way?

I am not sure if anyone can help, but I think eventually we will need a lawyer. For the past few years, my fiancé has been doing voluntary IT work for a guy in the states. This is mainly done over the internet. I believe he may be the head of a registered charity in the US. Now this person would like my fiancé’s help to be more permanent and full time. He has more funding for this IT project and intends to get more funding, and my fiancé would get paid by way of a profit share on this funding. A contract would apparently be drawn up between this guy and my fiancé agreeing on the profit share. Now he does not have to be in the US to carry out this work, per se, however we have been looking for some time to move there and we wonder whether this may be the opportunity we have been waiting for.. Any ideas? Thanks!
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Old Sep 7th 2006, 6:18 pm
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Default Re: Can we get to the States this way?

Originally Posted by Mary
I am not sure if anyone can help, but I think eventually we will need a lawyer. For the past few years, my fiancé has been doing voluntary IT work for a guy in the states. This is mainly done over the internet. I believe he may be the head of a registered charity in the US. Now this person would like my fiancé’s help to be more permanent and full time. He has more funding for this IT project and intends to get more funding, and my fiancé would get paid by way of a profit share on this funding. A contract would apparently be drawn up between this guy and my fiancé agreeing on the profit share. Now he does not have to be in the US to carry out this work, per se, however we have been looking for some time to move there and we wonder whether this may be the opportunity we have been waiting for.. Any ideas? Thanks!
If the employer wants to do an H1B visa for your fiance, and your fiance qualifies for it, then yes, it can be a way of coming to the states. If you want to come to the USA together, you need to marry your fiance and receive an H4 as his dependent. However, keep in mind that H4 visa holders can't work in the USA.

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Old Sep 7th 2006, 6:38 pm
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Default Re: Can we get to the States this way?

Originally Posted by Noorah101
If the employer wants to do an H1B visa for your fiance, and your fiance qualifies for it, then yes, it can be a way of coming to the states. If you want to come to the USA together, you need to marry your fiance and receive an H4 as his dependent. However, keep in mind that H4 visa holders can't work in the USA.

Rene
That's OK, I can get my own H1B, I have been offered jobs there in the past but had to turn them down as my fiance could not get a job.
Hypothetically, could I get an H1B visa, he comes in on an H4 visa and then he works for this guy?
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Old Sep 7th 2006, 6:47 pm
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Default Re: Can we get to the States this way?

Originally Posted by Mary
Hypothetically, could I get an H1B visa, he comes in on an H4 visa and then he works for this guy?
No, because someone on an H4 visa cannot work in the USA. You could both come in on your own H1B visas and both be employed.

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