Bunglebogs

Hello,

My wife and I are hoping to emigrate to Arizona. I am confident that I can get an employment visa through my current employer, but having visited numerous sites, I'm confused about where my wife stands.
I understand that she can apply for a green card once I have been granted permanent resident status, but due to quotas she will have to wait a long time for it to be granted (anyone know how long?). My question is, during herapplication, will she be permitted to live, without working, in the USA with me??

Thanks in advance!

Paul

Sylvia Ottemoeller

"Bunglebogs" <[email protected]> wrote in message
news:[email protected]...

    > My wife and I are hoping to emigrate to Arizona. I am confident that I
    > can get an employment visa through my current employer, but having
    > visited numerous sites, I'm confused about where my wife stands.
    > I understand that she can apply for a green card once I have been
    > granted permanent resident status, but due to quotas she will have to
    > wait a long time for it to be granted (anyone know how long?). My
    > question is, during herapplication, will she be permitted to live,
    > without working, in the USA with me??

When you obtain employment-based permanent resident status, your spouse and
unmarried children under 21 years of age are eligible to obtain PR status as
your derivatives at the same time (accompanying) or later (following to
join), as long as the relationship existed at the time you obtain PR status.

The quotas you are referring to are connected with the family-based (not
employment-based) category Family 2A. You would need this only if you had
married after you got permanent resident status.

In general she can live with you during the process. If you enter the U.S.
in some nonimmigrant status that allows you to work, there will be a
derivative status in which she can enter the U.S. For example, if you get
H-1B status, she can get H-4 status. If you get L-1 status, she can get L-2
status.

Bunglebogs

That's great! Just what we wanted to hear!!
A couple more questions...
If my wife is granted PR status as my spouse, that makes her eligible to work, right?
My wife and I are hoping to make the move permanent, hopefuly taking citizenship after the five year wait. As I understand it, this can't be done on an L1 visa as it's a non-immigrant visa, but what about a H1B?
Also, how much is it likely to cost my employer to obtain my H1B visa, and how long will it take??

Thanks for your help!

Paul

Joachim Feise

Bunglebogs wrote:
    >
    > If my wife is granted PR status as my spouse, that makes her eligible to
    > work, right?
    > My wife and I are hoping to make the move permanent, hopefuly taking
    > citizenship after the five year wait. As I understand it, this can't be
    > done on an L1 visa as it's a non-immigrant visa, but what about a H1B?

You seem to be a bit confused about the timeline...
An H1 is a non-immigrant visa as well. Both H1 and L1 allow for immigration
intent.
Usually, employers do *not* apply for a GC for you right away, because
that process takes a couple of years. They usually want to have you work
for them as soon as possible, and not wait until the GC process is done.
So the L1 or H1 is often used as a kind of stepping stone towards the GC.
You can apply for citizenship 5 years after getting the GC. Time spent in
the US in non-immigrant status doesn't count.

    > Also, how much is it likely to cost my employer to obtain my H1B visa,
    > and how long will it take??

For an H1, the job has to require at least a college degree equivalent to
a 4-year US bachelor degree, and you have to have at least that qualification
(3 years of relevant experience can be substituted for every year missing
towards the degree.)

-Joe

J. J. Farrell

"Bunglebogs" <[email protected]> wrote in message
news:[email protected]...
    > If my wife is granted PR status as my spouse, that
    > makes her eligible to work, right?

Yes.

    > My wife and I are hoping to make the move permanent,
    > hopefuly taking citizenship after the five year wait.
    > As I understand it, this can't be done on an L1 visa
    > as it's a non-immigrant visa, but what about a H1B?

I think you're a bit unclear about the process and the
timescales. Both L-1 and H-1B visas are non-immigrant
- they don't make you a Permanent Resident. Most
employers don't start the PR process until you've been
working for them for 6 months or so. Some will start
it immediately as long as you pay all the costs.

It currently takes several years to get employment-
based PR status. Depending on the exact process used
and how lucky you are, it could normally be anywhere
from 2 to 5 years, longer if things go wrong. During
this time your spouse could be in the USA as your
dependent, but not allowed to work. She could get a
work visa in her own right if she finds a suitable
employer and has the necessary qualifications. The
wait for citizenship starts when you become a PR.

    > Also, how much is it likely to cost my employer to
    > obtain my H1B visa, and how long will it take??

I'm not sure, but I think the out-of-pocket costs
would be about $3000, plus lawyers' fees and time
and hassle. Your employer applies for an H-1B
petition to authorise him to employ you. They need
time to gather all the evidence and documents
together and prepare the application - perhaps 2
weeks for a straightforward case with people
operating fairly efficiently. Then they submit the
petition. This can take 3 or 4 months (sometimes
more, sometimes less), or 2 weeks if they pay an
extra $1000. Once the petition has been approved
your employer sends you the approval notice, and
you apply to a USA Consulate for a visa. This takes
about 6 weeks in the UK if you are a British-born
British Citizen, and costs GBP 67 per applicant.