Victoria34

Hi - after exploring the L1 visa which I thought I could get and turns out I can't, I thought it was time to accept that we would continue to live in the U.K., however I have had the opportunity of employment of a NY company for whom I have worked with several times this year helping their clients get work here and vice Versa for which is a great honour and one I am considering carefully. We look after people in entertainment.In theory , this is an amazing opportunity and will give me the chance to expand a US client base.

I have emailed my immigration lawyer with the usual questions but as it's Saturday, I'm hoping to get some answers here to atleast hopefully give me some peace of mind over the weekend ! I am in total panic now as this could become a reality and have a husband, 3 kids and 2 dogs to get over there!

If I got the visa, can My husband work? Some articles I have read say yes as a new law was bought in a couple of years ago and some say no.

I understand that a Green Card can be obtained via the employer. My eldest will be 21 in just over two years. He would be studying out there but would there be enough time to get him a GC this to avoid him having to come home at the age of 21. This could be a deal breaker if not!

I assume that my youngest two, ages 13 and 14 can attend school?

How long do you have to enter the US once the visa has been confirmed? We have a house to sell and would be quite reluctant to sell it prior in the event that we didn't get approved .

Appreciate the help

Thanks so much

Pulaski

The spouse of an H1B holder cannot work until a green card application has been started, and that concession is by executive order of President Obama, so expect that to change.

An application for an H1B can only be made during a one week window in early April because of massive over demand for that visa type, unless you are applying for an "uncapped" visa for an eligible educational non-profit. If you make a valid application it is put into a lottery for a visa - in 2016 the success rate in the lottery was 27%. If you get a visa in the lottery you will only be able to start work in the following October, meaning a successful visa application in April 2017 would mean starting work in October 2017, by which time your son will be 20 and unless a green card application is made almost immediately (before his 21st birthday) he isn't going to get a green card when the rest of your family does.

Not only will you teenagers be able to attend school, schooling mandatory for all school age children, either in a public (state) school, or through an alternative arrangement such as a private school or home schooling. This applies irrespective of visa status, and indeed there are a fair number of children in the US who are in the country illegally who are attending school because it is madatory.

Victoria34

Ok thanks for explaining that. The green card application could be made immediately, that would t be an issue as I am under the assumption that the employer must apply for it but depending on how long it takes, it seems to be risky. He won't be 21 until Jan 2019.

When you say to expect the concession to change, do you mean for the better? As in spouses will be able to work before they get a green card?

Pulaski

Er, that's what the current conession is - work when the green card process starts, not when it ends.

No, I expect President Trump to cancel the concession, so your husband couldn't work until his green card was received.

Olly_

I thought the ability to get an EAD on a H-4 was only for people with approved I-140 petitions who are unable to file to adjust status because their priority date isn't current.

Otherwise if you've filed to adjust status you apply for an EAD and Advance Parole as part of the process.

Victoria34

Thanks to you both but really confused as to what this means!! I am a complete novice at the moment !

Pulaski

I'm not exactly what you mean either, but in any case the OP's husband wouldn't be able to work until the green card application is in process under the current executive order, which I expect to be cancelled.

Victoria34

Is there an average time for a GC to be processed ? Thanks

Nutmegger

I think you missed that Pulaski explained that the H1B application process is a lottery, so all of this is moot unless you are lucky enough to make the draw. Do you have the requisite degree -- and does the job require a degree? Is the employer willing to wait until next October for you, and has the employer stated that they will immediately sponsor you for the GC if they are successful in the lottery? It is up to them, not you, to make that decision and that is the hurdle that has tripped up many people. If they have not participated in this process in the past, they, too, should be talking to an attorney. And would you be able to survive in NY on just one salary? (Not sure if you mean city, or state.)

Victoria34

Hi. Ok I understand the lottery part.

The job does not require a degree although I do have one plus twenty five years experience in this field.

The employer has no problem with waiting for me and will be sponsoring the GC if successful.

Salary is not an issue

Noorah101

Has the employer double checked with an immigration attorney to make sure he can even petition you for this job, if the job does not require a degree?

Rene

Victoria34

Hi. As said, this is very much at the beginning. Lawyers can't be called until Monday. I was just curious about the process as was quite keen to get some knowledge now rather than have to wait another two days.

Noorah101

Oh, I see. My understanding is that the position must require a degree in order to be eligible for H1B.

Rene

ian-mstm

Game over! The job must require a degree.


Unfortunately, that won't help you at all.


Do yourself a favor... get that in writing - preferably written in stone. We have seen far too many people who have gotten that assurance from an employer who then decided to renege on that! Even the most trusted employer is not to be trusted in this regard. That may sound cynical, but you do not want to put your family into a bad situation - and no one can guarantee the future.

Ian

Victoria34

No point in getting the green card offer in writing then if the job must require a degree then!