Barni

My wife has an offer to come in the US as postdoc researcher.

She would probably come on H1-B (or J1 but less likely) and that will secure my H4. Now, as you know, I am afraid that I wouldn't be able to convert my H4 to working visa that easily if at all !

Practicaly, if we come this winter she will easily obtain H1-B visa since she is exampt from yearly Fiscal Year quota, but I will have to wait for the next year quota.

Questions:

1) if she is exampt from quota does it mean that I might easily receive conversin to working H1-B visa or no. Because, in Canada it is posible.

2) I am very much dissapointed knowing fact that I won't be able to work for at least year, perhaps more. I am computer technician and have experience on PBX maintenance and computer networks in large Hotels, Scientific Centres. Are Americans harsh on irregular work ? Because in areas where would be is tourist resort with lot's of hotels ?

I would appreciate your comments, tia.

Elvira

There is no such thing as 'conversion to an H1b'. You would need to find an employer to sponsor you for an H1b in your own right. If said employer is a university or a non-profit organization, you would not be subject to the cap. Otherwise you'd be aiming to get your employer to file for your H1b on April 1 2008 (and not a day later!), which would allow you start working the following October.

But if you do not find a sponsor, you could be stuck on an H4 for many years. I waited 4 years and it just about ruined my career.

Barni

Thank you Elvira for quick and useful answer.

One more thing. What do you mean by being stucked if I fail to go on H1-B for my first year. Why is it harder the next year or year after... Any special reason.

Than your advice would be to ask her employer to offer me a job also at the University ?

scrubbedexpat099

It could take you many years to find an employer willing to sponsor you and wait.

No shortage of IT people and most can start in 2 weeks max.

Ask her Employer by all means.

Elvira

The longer you are out of work, the harder it is to find someone to offer you a job - let along sponsor you for an H1b, which involves a lot of expense and paperwork for the employer.

Obviously if your wife's employer would be willing to sponsor you, that would be neat...

Noorah101

Do you mean "working illegally"? Americans might not be harsh on it, but USCIS could be! Would you really want to risk losing your H4 status and end up separated from your wife?

Rene

AdobePinon

Dude! She a postdoc, you an H4? Unless you're coming here, I hope one of you has a big stack of cash.

Barni

that would be great but that is ideal situation so I wouldn't relay much on that.

H4 is not designed for normal people.

Elvira

You're learning fast. Guess why I refer to it as the Devil's visa... :curse:

Barni

I wouldn't call it risk for what is a purpose of being in the US and not being able to work ?

Noorah101

It's a risk if someone finds out you're working without authorization. I don't know exactly what would happen to you, but worst case scenario is they take away your H4, and return you to your home country. Best case scenario they tell you, just don't do it again.

The purpose of the H4 is so that the spouse of an H1 holder can stay with the spouse in the USA. Someone here on an H4 should be prepared not to work. The purpose of being in the USA and not being able to work, is so that you won't be separated from your spouse.

Rene

Barni

I will have that in mind.

J. J. Farrell

On Apr 25, 8:44 am, Barni <[email protected]> wrote:
>
> H4 is not designed for normal people.

That depends on what you mean by 'normal'. It's designed around what
many USA citizens consider a 'normal' family - the Mighty Hunter goes
out each day to bring home the bacon and the Little Wifey spends her
time at home keeping the cave tidy and looking after the kids.

Jozef

"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] oups.com...
> On Apr 25, 8:44 am, Barni <[email protected]> wrote:
>>
>> H4 is not designed for normal people.
>
> That depends on what you mean by 'normal'. It's designed around what
> many USA citizens consider a 'normal' family - the Mighty Hunter goes
> out each day to bring home the bacon and the Little Wifey spends her
> time at home keeping the cave tidy and looking after the kids.

You have to get with the times J.J.! :-)
A couple of stats for ya:

- Of the 118 million women age 16 years and over in the U.S., 70 million
(almost 60%) were labor force participants-working or looking for work.


- Women comprised 46% of the total U.S. labor force and are projected to
account for 47% of the labor force in 2014.

You can find more here: http://www.dol.gov/wb/stats/main.htm

The reason spouses of H-1Bs are not allowed to work is not because of a
caveman mentality, but simply because the H-1B visa was designed to help out
companies that couldn't find skilled people in the US labor market, nothing
more.

Nobody's forced to come to the US on a visa that is 'not designed for normal
people'. All H-1B holders know before they leave for the US that their
spouse won't be allowed to work. And that fact doesn't seem to hold many of
them back!

In contrast to the H-1B stands the L-1 visa. Spouses as well as dependents
(L-2s) of an L-1 *are* allowed to apply for an EAD. The reason for this is
that the L-1 intra-company transferee visa was designed to kick start US
affiliates of foreign companies, thus generating more jobs. And while H-1Bs
are usually people who are clamoring to get to the US by applying for a job
in the US, L-1s are very often people who are 'gently persuaded' by their
managers to uproot their lives and spend up to 7 years in the US. The fact
that their spouse and kids are allowed to work sweetens the deal a bit, and
makes them more likely to accept the offer.

And I know of which I speak, because I was an L-1A in a previous lifetime...

Jozef

snowbunny

Universities are by their nature NOT international corporations and therefore cannot offer L-visas.

Many H-1B workers with spouses who wish to work end up obtaining permanent residency (aka green card) before their spouse ever gets work authorisation in their own right.