ginger6104

My fiancee and I are hoping to move to New York City at the end of the year ( we get married in Sept). We both want jobs in NYC and are currently job hunting. We are not sure which visa is likely to wield the best results.

We only want to go for 18 months and I can take a career break from my current job ( i.e they will keep my job open) so I was thinking that a J! professional traineeship visa might be best instead of the HIb . Any advice please ?

Ray

How about a European city instead

henryh

It's not too late to file for an H-1B, if you can find a firm willing to sponsor you. The cap won't be reached until at least June.

Be aware that the J-1 traineeship is for a trainee / exchange position, rather than "actual" professional work (you cannot take the position of a regular employee). Of course the line is a bit blurry.

Either way you'll have to find a company to sponsor you, you can't apply for either the H-1B or J-1 visa by yourself.

Good luck!

ginger6104

Thanks- going out at the end of May to try and a get a job.

ian-mstm

Be aware that you can job hunt, interview, and accept a position. If, however, they ask you to sign papers, you are *NOT* allowed to do that without employment authorization which, at this point in time, you don't have. If they ask you to sign papers because they'll file the paperwork afterwards, well... that's also illegal.

Ian

henryh

Reference? The attorney handling my H-1B application told me that while I'm waiting I can use the VWP to visit, interview, look for housing and sign contracts but not work.

meauxna

I've seen 'sign contracts' in reference to taking orders while on the business VWP (WB) admission but if you google "visa waiver program" "accept employment" together, it looks on the face of it like you can't do that.

ian-mstm

My attorney - who specializes in the employment rights of non-US citizens... and who has published just such a paper in a respected, peer-reviewed law journal. According to her, you can *not* work without authorization... and the moment you sign a form, you are considered to be working for the employer whether or not you have actually started the job. I posted this info in an earlier thread a few months ago after consulting with her.


You're welcome to listen to your attorney, but I believe he is mistaken.

Ian

henryh

Interesting. I guess I'll stay on the safe side, but "surely" a contract including some term specifying that work wouldn't begin until October 1st would be okay...

malj

I'd definately err on the side of caution on this one. When I came out last year for interviews on the VWP, my employer offered me the position but sent all of the contract documents to my address in Australia for me to sign when I flew back to get my things together in order to cover this off. In other words, if your employer's attorney(s) are on the ball, they should not let you sign anything anyway within the US.