jamiesmart

Hi there!

Would love any help that able to be offered thank you!

I have just been offered a job in New York. They are offering me an 01 visa (although state they are able to offer different visas like j1 an hp1). The 01 visa looks fantastic, especially as we were planning on living in New York longer term, probs minimum 5 years. My partner would be able to apply for an 03 visa which is great except she wouldn't be able to work. We are looking into getting married but aren't married yet, as everything with the pandemic is taking a little longer!

I've read that from an 03 you can apply for an H-1b? But ive also heard this may take a while and is hard to get. Does anyone have any more details or experience?

I've read that I could apply for a Green Card upon arrival, which may help my Partner with a working visa?

Thank you in advance for your suggestions and advice. Its something we are really excited about but need we will both need to be able to work...

J

christmasoompa

Hi, welcome to BE.

If she needs to get her own visa/sponsorship, what does she do and what is her highest qualification? The more info you can give the forum pros, the more they'll be able to help you.

lizzyq

We came over with my husband on an O-1 and myself and our sons on O-3 derivative visas. You are correct in that you need to be married for your partner to be eligible for the derivative O-3 visa and also correct that she will not be eligible to work at all. The O-1 visa is normally valid for 3 years initially with yearly renewals after that.

As to the green card - as an employee your employer has to start the permanent residency (green card) ball rolling by petitioning (I-140) for you to be approved as an immigrant alien worker, you cannot do that yourself. If that is approved then from within the USA you are able to apply for an Adjustment of Status (I-485) to become a permanent resident, and your wife can apply too but her AoS is dependent on yours being approved. However at the same time as filing the I-485 you and she could/should both also file for Employment Authorization (I-765) and Advanced Parole (I-131), the former if approved would allow your wife to work, the latter allows you to leave the USA without automatically causing your AoS to be abandoned.

You should be aware that employers are often reluctant to start the green card process too soon as once an employee receives their green card the employee is able to go and work for somebody else and the original employer loses their investment (time, training and USCIS and lawyers fees) in you the employee. My husband's employer started the green card process after he had been working for them for 2 years and he got the green card 12 months later, almost 3 years to the day after his arrival in the USA. The whole process takes time and you have to be patient.

jamiesmart

Hey

Thanks so much for a fast response!

She has recently graduated with a 2:1 degree in Fashion Management. She has a full time job at one of the UK's leading concept stores. I've been offered the 01, initially excited to see we could get my partner on an 03 but obviously you may not work on an 03. She could go down the line of trying to seek her own sponsorship. But the work she was hoping to do in New York was free lance styling.

Please let me know any information I can give to help you help me! and again much appreciated!

J

steph0scope

As you have seen from your own situation, work visas have to be initiated by the prospective (or current) employer. It’s not something your partner can just apply for alone. If they work for a company that has offices in the US they can look into an intra-company transfer if the company is open to that. The other option is to apply for jobs with companies who are willing to go through the whole visa process in order to get them here. That is assuming the job qualifies for a visa. You can’t get a visa for every job, it’s a limited scope of professions/positions that qualify.

i suggest you also do some more research as you have some gaps and misunderstandings. You can’t apply for a green card yourself. The employer has to initiate that process and it’s extremely unlikely they will do that “upon arrival”. After spending months and $$$ to get an employee here they usually want to get some mileage out of the worker before giving them the opportunity to quit and work elsewhere, as that is what the GC allows.

If you are unsuccessful in getting a work visa for your partner and you do get a GC a few years down the line, you could then bring them as a spouse (you would have to be married) of a GC holder.

Which line of work are you in? Is it similar to your partner whereby some networking on your side could open some doors?

SanDiegogirl

How old is she? How much experience in Fashion Management does she have? What is her current job?

retzie

If you get a J-1, the derivative J-2 is eligible for an EAD (i.e., can get permission to work): https://www.uscis.gov/i-9-central/ha...e-visitors-j-1

This would allow her to work freelance, which could actually be better than her own H-1B.

Caveat: The J-1 usually has a home residency requirement (HRR), which means you need to leave the US for 2 years when you're done. It can also be a PITA with respect to extra paperwork. This may or may not apply to this particular job -- something to ask the lawyers.

civilservant

Is your (soon to be) wife willing to spend at least 18 moths without being to work? To me that would be a deal breaker.

christmasoompa

The OP could apply for a 'green card' app himself under EB1-A or EB-2 NIW, no employer needs to be involved for that. If he's moving on an O-1, then either may well be possible, it's a similar criteria.

scrubbedexpat099

Sounds like her opportunities are limited so a LDR or spousal option may well be the only thing going.

Further studies maybe?