h1-b query re spouse!
Sep 15th 2005, 7:14 am
#1
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Joined: Aug 2005
Posts: 360
h1-b query re spouse!
hi all
am uk lawyer, living in canada, studying for washington bar. Long term plans are in the states.
i have a few queries:
i realise spouse cannot work, can he apply for h1-b in own right eventually? or is there another way around the work issue for him?
i may take canadian citizenship at some point, i can then apply for tn under nafta, again is that any easier for spouse?
his profession is not under NAFTA.
finally, as my employer will be either governement or legal firm, can they fastrack apps??
Any insight appreciated!
am uk lawyer, living in canada, studying for washington bar. Long term plans are in the states.
i have a few queries:
i realise spouse cannot work, can he apply for h1-b in own right eventually? or is there another way around the work issue for him?
i may take canadian citizenship at some point, i can then apply for tn under nafta, again is that any easier for spouse?
his profession is not under NAFTA.
finally, as my employer will be either governement or legal firm, can they fastrack apps??
Any insight appreciated!
Sep 15th 2005, 10:32 am
#2
Account Closed
Joined: Mar 2004
Posts: 2
Re: h1-b query re spouse!
Originally Posted by London7
hi all
am uk lawyer, living in canada, studying for washington bar. Long term plans are in the states.
i have a few queries:
i realise spouse cannot work, can he apply for h1-b in own right eventually? or is there another way around the work issue for him?
i may take canadian citizenship at some point, i can then apply for tn under nafta, again is that any easier for spouse?
his profession is not under NAFTA.
finally, as my employer will be either governement or legal firm, can they fastrack apps??
Any insight appreciated!
am uk lawyer, living in canada, studying for washington bar. Long term plans are in the states.
i have a few queries:
i realise spouse cannot work, can he apply for h1-b in own right eventually? or is there another way around the work issue for him?
i may take canadian citizenship at some point, i can then apply for tn under nafta, again is that any easier for spouse?
his profession is not under NAFTA.
finally, as my employer will be either governement or legal firm, can they fastrack apps??
Any insight appreciated!
http://www.kkeane.com/
Spouse can apply for whatever Visa he is eligible for in his own right which comes with work authoristaion. He can not piggy back on you.
Just a thought, but many Gov jobs I have seen require either Citizenship or LPR status, it could be different in your specialism.
Sep 15th 2005, 5:26 pm
#3
Guest
Posts: n/a
Re: h1-b query re spouse!
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London7 wrote:
>
> hi all
> am uk lawyer, living in canada, studying for washington bar. Long term
> plans are in the states.
> i have a few queries:
> i realise spouse cannot work, can he apply for h1-b in own right
> eventually? or is there another way around the work issue for him?
Boiler already responded (and thanks for the plug!)
> i may take canadian citizenship at some point, i can then apply for tn
> under nafta, again is that any easier for spouse?
Same thing. Spouses of TN (Treaty Nafta) workers are eligible for TD status,
but like H-4, TD does not allow working.
> his profession is not under NAFTA.
Besides, he'd have to be Canadian citizen anyway (you don't say whether or
not he is).
> finally, as my employer will be either governement or legal firm, can
> they fastrack apps??
Legal firms are not special.
Government would usually not even sponsor H-1Bs or TNs unless you have some
VERY unusual qualifications. In that case, they may be able to get an
inside track. But it won't help you all that much, since H-1Bs are either
reasonably fast in the first place or completely unavailable to everybody
(no government exemption, although universities are exempt). The US
government is *not* exempt from most immigration law rules (there are a few
special provisions for national interest, plus H-1Bs on DOD projects have a
time limit of ten rather than six years).
TNs are even faster.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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London7 wrote:
>
> hi all
> am uk lawyer, living in canada, studying for washington bar. Long term
> plans are in the states.
> i have a few queries:
> i realise spouse cannot work, can he apply for h1-b in own right
> eventually? or is there another way around the work issue for him?
Boiler already responded (and thanks for the plug!)
> i may take canadian citizenship at some point, i can then apply for tn
> under nafta, again is that any easier for spouse?
Same thing. Spouses of TN (Treaty Nafta) workers are eligible for TD status,
but like H-4, TD does not allow working.
> his profession is not under NAFTA.
Besides, he'd have to be Canadian citizen anyway (you don't say whether or
not he is).
> finally, as my employer will be either governement or legal firm, can
> they fastrack apps??
Legal firms are not special.
Government would usually not even sponsor H-1Bs or TNs unless you have some
VERY unusual qualifications. In that case, they may be able to get an
inside track. But it won't help you all that much, since H-1Bs are either
reasonably fast in the first place or completely unavailable to everybody
(no government exemption, although universities are exempt). The US
government is *not* exempt from most immigration law rules (there are a few
special provisions for national interest, plus H-1Bs on DOD projects have a
time limit of ten rather than six years).
TNs are even faster.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sep 27th 2005, 6:30 pm
#4
Guest
Posts: n/a
Re: h1-b query re spouse!
Ingo Pakleppa (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> London7 wrote:
>
>
>>hi all
>>am uk lawyer, living in canada, studying for washington bar. Long term
>>plans are in the states.
>>i have a few queries:
>>i realise spouse cannot work, can he apply for h1-b in own right
>>eventually? or is there another way around the work issue for him?
>
>
> Boiler already responded (and thanks for the plug!)
>
>
>>i may take canadian citizenship at some point, i can then apply for tn
>>under nafta, again is that any easier for spouse?
>
>
> Same thing. Spouses of TN (Treaty Nafta) workers are eligible for TD status,
> but like H-4, TD does not allow working.
>
>
>>his profession is not under NAFTA.
>
>
> Besides, he'd have to be Canadian citizen anyway (you don't say whether or
> not he is).
>
>
>>finally, as my employer will be either governement or legal firm, can
>>they fastrack apps??
>
>
> Legal firms are not special.
>
> Government would usually not even sponsor H-1Bs or TNs unless you have some
> VERY unusual qualifications. In that case, they may be able to get an
> inside track. But it won't help you all that much, since H-1Bs are either
> reasonably fast in the first place or completely unavailable to everybody
> (no government exemption, although universities are exempt). The US
> government is *not* exempt from most immigration law rules (there are a few
> special provisions for national interest, plus H-1Bs on DOD projects have a
> time limit of ten rather than six years).
>
Maybe not the federal government, but I represent a local government
entity and have done several H-1B cases for it.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> London7 wrote:
>
>
>>hi all
>>am uk lawyer, living in canada, studying for washington bar. Long term
>>plans are in the states.
>>i have a few queries:
>>i realise spouse cannot work, can he apply for h1-b in own right
>>eventually? or is there another way around the work issue for him?
>
>
> Boiler already responded (and thanks for the plug!)
>
>
>>i may take canadian citizenship at some point, i can then apply for tn
>>under nafta, again is that any easier for spouse?
>
>
> Same thing. Spouses of TN (Treaty Nafta) workers are eligible for TD status,
> but like H-4, TD does not allow working.
>
>
>>his profession is not under NAFTA.
>
>
> Besides, he'd have to be Canadian citizen anyway (you don't say whether or
> not he is).
>
>
>>finally, as my employer will be either governement or legal firm, can
>>they fastrack apps??
>
>
> Legal firms are not special.
>
> Government would usually not even sponsor H-1Bs or TNs unless you have some
> VERY unusual qualifications. In that case, they may be able to get an
> inside track. But it won't help you all that much, since H-1Bs are either
> reasonably fast in the first place or completely unavailable to everybody
> (no government exemption, although universities are exempt). The US
> government is *not* exempt from most immigration law rules (there are a few
> special provisions for national interest, plus H-1Bs on DOD projects have a
> time limit of ten rather than six years).
>
Maybe not the federal government, but I represent a local government
entity and have done several H-1B cases for it.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
