Pick a question, any question...
Oct 24th 2009, 1:28 pm
#1
Just Joined
Thread Starter
Joined: Oct 2009
Posts: 5
Pick a question, any question...
Hello All,
I discovered these fora a few weeks ago & have been simultaneously fascinated by what I’ve learnt so far & scared by how tricky & uncertain so many of the processes seem. What a brilliant resource this is though, thanks to all who contribute.
Apologies in advance if I should ask my multiple questions in different threads; I've only just worked up the courage to post at all after lurking & learning for a while. I will try to give a fair bit of detail re my situation so I don’t get accused of shifting the goalposts later
I am a UKC in Birmingham, England. A few years ago I came within a whisker of applying for a K-1 visa, the relationship ended but I stayed in touch with the lovely friends I’d made during my frequent visits. I continued to visit the US about several times a year, longest visits were for about 40 days. To me this seems appropriate under the VWP but I’ve started wondering whether these repeated visits might look dodgy & lead to denial of entry? On the other hand, I’ve always been a good girl & returned to the UK when I should so maybe that stands me in good stead. Naively, I always thought the border guard was just being chatty when he asked me about my job back here or why I visited my friends so often/for a couple of months at a time; I gather from what I’ve learnt on here, he was probably probing what ties I have in the UK.
Although I initially only considered leaving England because of marrying a USC, I’ve realised I really like the way of life out there (as much as I’ve been able to experience it on my extended trips) & I am now seriously exploring moving out there on a more long term basis. Yes, I’ve read Pulaski’s Ways. I think there may be several options open to me:
a. I haven’t ruled out the marriage route & am in fact seeing a different American guy now (not sure why I didn’t learn my lesson re long distance relationships?!?
) He’s based over there & has been part of my reasons for continuing to visit so often. However, we are a long way from being definite about each other & would like to spend more time getting to know each other -there’s no way I’m ready to marry him within 90 days of arriving there!
b. The work visa route therefore seems more logical though I gather it’s not as straightforward as spousal stuff. I have a degree, excellent experience that maybe shows borderline O-1 visa ability & E-2 may also be an option though it’s unlikely at this stage (if I did that it would be a case of setting up my own business & then sponsoring myself, possibly a bit like this: http://britishexpats.com/articles/us...professionals/ though it seems a bit of a minefield). There’s also a chance of an L visa or even an R because the organisation I currently work for is the Catholic Church.
c. Obviously, securing a job & a H-1B visa is the most obvious & I have started looking around for jobs. However, much of my speciality is in the charity sector &, understandably, many non-profit organizations don’t have spare money to fund visa applications. I may have found one that sees me as enough of an investment to meet their aims, not least because they’d like at some point to expand internationally in which case I’d be a particular asset, & I submitted an application yesterday. I would like to be able to give my prospective employers as much encouragement & information as possible about what sponsoring me would involve.
I realise some of the questions I want to ask may be better suited to an immigration lawyer rather than an open forum, but at this stage, I’m not certain which those are.
Thanks again, Clare
I discovered these fora a few weeks ago & have been simultaneously fascinated by what I’ve learnt so far & scared by how tricky & uncertain so many of the processes seem. What a brilliant resource this is though, thanks to all who contribute.
Apologies in advance if I should ask my multiple questions in different threads; I've only just worked up the courage to post at all after lurking & learning for a while. I will try to give a fair bit of detail re my situation so I don’t get accused of shifting the goalposts later
I am a UKC in Birmingham, England. A few years ago I came within a whisker of applying for a K-1 visa, the relationship ended but I stayed in touch with the lovely friends I’d made during my frequent visits. I continued to visit the US about several times a year, longest visits were for about 40 days. To me this seems appropriate under the VWP but I’ve started wondering whether these repeated visits might look dodgy & lead to denial of entry? On the other hand, I’ve always been a good girl & returned to the UK when I should so maybe that stands me in good stead. Naively, I always thought the border guard was just being chatty when he asked me about my job back here or why I visited my friends so often/for a couple of months at a time; I gather from what I’ve learnt on here, he was probably probing what ties I have in the UK.
Although I initially only considered leaving England because of marrying a USC, I’ve realised I really like the way of life out there (as much as I’ve been able to experience it on my extended trips) & I am now seriously exploring moving out there on a more long term basis. Yes, I’ve read Pulaski’s Ways. I think there may be several options open to me:
a. I haven’t ruled out the marriage route & am in fact seeing a different American guy now (not sure why I didn’t learn my lesson re long distance relationships?!?
) He’s based over there & has been part of my reasons for continuing to visit so often. However, we are a long way from being definite about each other & would like to spend more time getting to know each other -there’s no way I’m ready to marry him within 90 days of arriving there!b. The work visa route therefore seems more logical though I gather it’s not as straightforward as spousal stuff. I have a degree, excellent experience that maybe shows borderline O-1 visa ability & E-2 may also be an option though it’s unlikely at this stage (if I did that it would be a case of setting up my own business & then sponsoring myself, possibly a bit like this: http://britishexpats.com/articles/us...professionals/ though it seems a bit of a minefield). There’s also a chance of an L visa or even an R because the organisation I currently work for is the Catholic Church.
c. Obviously, securing a job & a H-1B visa is the most obvious & I have started looking around for jobs. However, much of my speciality is in the charity sector &, understandably, many non-profit organizations don’t have spare money to fund visa applications. I may have found one that sees me as enough of an investment to meet their aims, not least because they’d like at some point to expand internationally in which case I’d be a particular asset, & I submitted an application yesterday. I would like to be able to give my prospective employers as much encouragement & information as possible about what sponsoring me would involve.
I realise some of the questions I want to ask may be better suited to an immigration lawyer rather than an open forum, but at this stage, I’m not certain which those are.
- I know these things may be variable, but how long does a “typical” H-1B visa application take before you can be over there & working? How much might it cost the sponsoring company? As I’d like to give myself the best possible chance with the current job application, any other random advice about succeeding in obtaining a work visa would be really appreciated, thanks.
- If you’re in the US on a H-1B, is there any chance of changing jobs, or would you have to come back to the UK first & start all over again? I read that something called “AC21 Portability” exists, but haven’t been able to find out anything else yet –anyone know how this works?
- Is there any way to “over-use” the VWP? Does it just come down to the border person’s subjective judgement that you’re coming just a little too often for their liking? Up ‘til now it’s always been clear I was spending way more time in the UK than the US, but I’d like to start increasing the balance in the opposite direction. Is it safer to get a B visa for this? I know this would mean I could come for 6 months rather than just 90 days, but I’m not sure how dodgy applying for this might look when you come from a country that’s covered by the VWP?
- Is an E visa application incompatible with starting a 501c3/non-profit organisation? I.e. is it intended for more of an investment in a straightforward business opportunity sort of scenario?
- I did see mention that USCIS are getting stricter on allowing people to effectively self-sponsor by starting up a small business then petitioning for a H-1B for yourself –I would love to hear about the experience of anybody who has tried this route...
- Are there advantages in going down the L visa route (should that prove possible) as opposed to the H? I’m not sure if I read that permanent residency was easier this way, but (a) I don’t even know if I want that yet & (b) my brain is scrambled from having learnt so many abbreviations in a short space of time!
- Has anybody here entered the US via a religious visa? Are there any advantages? I think one disadvantage might be you definitely have to go at the end & if I’ve understood what I’ve read about other non-immigrant visas, there seems to be more of a chance of LPR at some point. However, that may not be a problem as at this stage I don’t know for definite if I want to stay really long term.
Thanks again, Clare
Oct 24th 2009, 4:47 pm
#2
Pedantic Moron
Joined: Jan 2009
Location: Hiding from the weather
Posts: 566
Re: Pick a question, any question...
Welcome to BE Clare. It looks like you have done a LOT of research and that is a good thing.
I came over on a H-1B, but not for a religious organization, so I can't help you there. My understanding is though that you may have missed the window for a H-1B visa this year, and will need to wait until 2010. That being said, I think the way it works is that if you apply and are granted a H-1B visa [which you can't do until April 2010] you won't be able to take up the position until Oct 2010. As I said, I don't know if this would be different for a religious org.
To let you know my time frame, I applied for a H-1B on April 3rd and was in the US by the beginning of July. The approval, Interview and visa issuance [with premium processing] was done within 2 months.
This is just my experience, hope it helps and good luck.
I came over on a H-1B, but not for a religious organization, so I can't help you there. My understanding is though that you may have missed the window for a H-1B visa this year, and will need to wait until 2010. That being said, I think the way it works is that if you apply and are granted a H-1B visa [which you can't do until April 2010] you won't be able to take up the position until Oct 2010. As I said, I don't know if this would be different for a religious org.
To let you know my time frame, I applied for a H-1B on April 3rd and was in the US by the beginning of July. The approval, Interview and visa issuance [with premium processing] was done within 2 months.
This is just my experience, hope it helps and good luck.
Oct 24th 2009, 5:01 pm
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: Pick a question, any question...
I thought there were still some left?
Most of the fees are legal costs so depend on what their lawyer charges.
You can certainly overuse the VWP, depends on circumstances and how lucky you are at the Port of Entry.
PS The 90 days is to get married, not to decide if you want to.
Most of the fees are legal costs so depend on what their lawyer charges.
You can certainly overuse the VWP, depends on circumstances and how lucky you are at the Port of Entry.
PS The 90 days is to get married, not to decide if you want to.
Oct 24th 2009, 5:46 pm
#4
Just Joined
Thread Starter
Joined: Oct 2009
Posts: 5
Re: Pick a question, any question...
Welcome to BE Clare. It looks like you have done a LOT of research and that is a good thing.
I came over on a H-1B, but not for a religious organization, so I can't help you there. My understanding is though that you may have missed the window for a H-1B visa this year, and will need to wait until 2010. That being said, I think the way it works is that if you apply and are granted a H-1B visa [which you can't do until April 2010] you won't be able to take up the position until Oct 2010. As I said, I don't know if this would be different for a religious org.
To let you know my time frame, I applied for a H-1B on April 3rd and was in the US by the beginning of July. The approval, Interview and visa issuance [with premium processing] was done within 2 months.
This is just my experience, hope it helps and good luck.
I came over on a H-1B, but not for a religious organization, so I can't help you there. My understanding is though that you may have missed the window for a H-1B visa this year, and will need to wait until 2010. That being said, I think the way it works is that if you apply and are granted a H-1B visa [which you can't do until April 2010] you won't be able to take up the position until Oct 2010. As I said, I don't know if this would be different for a religious org.
To let you know my time frame, I applied for a H-1B on April 3rd and was in the US by the beginning of July. The approval, Interview and visa issuance [with premium processing] was done within 2 months.
This is just my experience, hope it helps and good luck.
I don’t suppose you know where I could find out info about that do you please? For example, is there a preferred time of year to start this process?If October 2010 is the earliest I can hope to start, then I don’t think that’ll go down too well with my prospective employers.
Thanks again. Cool name by the way
Oct 24th 2009, 5:50 pm
#5
Just Joined
Thread Starter
Joined: Oct 2009
Posts: 5
Re: Pick a question, any question...
I thought there were still some left?
Most of the fees are legal costs so depend on what their lawyer charges.
You can certainly overuse the VWP, depends on circumstances and how lucky you are at the Port of Entry.
PS The 90 days is to get married, not to decide if you want to.
Most of the fees are legal costs so depend on what their lawyer charges.
You can certainly overuse the VWP, depends on circumstances and how lucky you are at the Port of Entry.
PS The 90 days is to get married, not to decide if you want to.
Wow, so maybe I have been fairly fortunate so far with the VWP... I don’t suppose there’s any way of telling if they’re about to judge you’re overusing it is there? I’d be so gutted if I got to the PoE & they didn’t let me in
By the way, I realise the K-1 (& therefore the 90 day limit before you have to be hitched) is for when you’ve already decided you want to get married. I just phrased it like that to emphasise I know that route really isn’t an option at the moment as we’re such a long way from that decision, sorry if that caused confusion. With hindsight, I was maybe getting in a pre-emptive strike as I have read quite a few threads where it seems posters are advised there’s not much point in pursuing the work route, just get on & get married if there's a boyfriend on the scene
Oct 24th 2009, 7:36 pm
#6
L2, GC, Surrey, OH, TX!
Joined: Aug 2007
Location: Surrey to Dallas (via Ohio)!
Posts: 6,363
Re: Pick a question, any question...
Oct 24th 2009, 7:53 pm
#7
Account Closed
Joined: Mar 2004
Posts: 2
Re: Pick a question, any question...
I know these things may be variable, but how long does a “typical” H-1B visa application take before you can be over there & working? How much might it cost the sponsoring company? As I’d like to give myself the best possible chance with the current job application, any other random advice about succeeding in obtaining a work visa would be really appreciated, thanks.
Allow $5,000
If you’re in the US on a H-1B, is there any chance of changing jobs, or would you have to come back to the UK first & start all over again? I read that something called “AC21 Portability” exists, but haven’t been able to find out anything else yet –anyone know how this works?
You can change jobs, unlike a L
Is there any way to “over-use” the VWP? Does it just come down to the border person’s subjective judgement that you’re coming just a little too often for their liking? Up ‘til now it’s always been clear I was spending way more time in the UK than the US, but I’d like to start increasing the balance in the opposite direction. Is it safer to get a B visa for this? I know this would mean I could come for 6 months rather than just 90 days, but I’m not sure how dodgy applying for this might look when you come from a country that’s covered by the VWP?
Most unlikely to get a B and then you have another issue declaring it.
Is an E visa application incompatible with starting a 501c3/non-profit organisation? I.e. is it intended for more of an investment in a straightforward business opportunity sort of scenario?
Not necessarily, you could have both a profit and non profit, that is what we will likely be doing. A 501 c 3 is not easy on the paperwork, wife has done one before, and so has a friend. Just a warning, and you would need the dosh for an E2.
I did see mention that USCIS are getting stricter on allowing people to effectively self-sponsor by starting up a small business then petitioning for a H-1B for yourself –I would love to hear about the experience of anybody who has tried this route...
I have only seen it mentioned once.
Are there advantages in going down the L visa route (should that prove possible) as opposed to the H? I’m not sure if I read that permanent residency was easier this way, but (a) I don’t even know if I want that yet & (b) my brain is scrambled from having learnt so many abbreviations in a short space of time!
Would your employer want to?
Has anybody here entered the US via a religious visa? Are there any advantages? I think one disadvantage might be you definitely have to go at the end & if I’ve understood what I’ve read about other non-immigrant visas, there seems to be more of a chance of LPR at some point. However, that may not be a problem as at this stage I don’t know for definite if I want to stay really long term.
I always thought of it as a L for religous types. High fraud so extra scrutiny.
Allow $5,000
If you’re in the US on a H-1B, is there any chance of changing jobs, or would you have to come back to the UK first & start all over again? I read that something called “AC21 Portability” exists, but haven’t been able to find out anything else yet –anyone know how this works?
You can change jobs, unlike a L
Is there any way to “over-use” the VWP? Does it just come down to the border person’s subjective judgement that you’re coming just a little too often for their liking? Up ‘til now it’s always been clear I was spending way more time in the UK than the US, but I’d like to start increasing the balance in the opposite direction. Is it safer to get a B visa for this? I know this would mean I could come for 6 months rather than just 90 days, but I’m not sure how dodgy applying for this might look when you come from a country that’s covered by the VWP?
Most unlikely to get a B and then you have another issue declaring it.
Is an E visa application incompatible with starting a 501c3/non-profit organisation? I.e. is it intended for more of an investment in a straightforward business opportunity sort of scenario?
Not necessarily, you could have both a profit and non profit, that is what we will likely be doing. A 501 c 3 is not easy on the paperwork, wife has done one before, and so has a friend. Just a warning, and you would need the dosh for an E2.
I did see mention that USCIS are getting stricter on allowing people to effectively self-sponsor by starting up a small business then petitioning for a H-1B for yourself –I would love to hear about the experience of anybody who has tried this route...
I have only seen it mentioned once.
Are there advantages in going down the L visa route (should that prove possible) as opposed to the H? I’m not sure if I read that permanent residency was easier this way, but (a) I don’t even know if I want that yet & (b) my brain is scrambled from having learnt so many abbreviations in a short space of time!
Would your employer want to?
Has anybody here entered the US via a religious visa? Are there any advantages? I think one disadvantage might be you definitely have to go at the end & if I’ve understood what I’ve read about other non-immigrant visas, there seems to be more of a chance of LPR at some point. However, that may not be a problem as at this stage I don’t know for definite if I want to stay really long term.
I always thought of it as a L for religous types. High fraud so extra scrutiny.
Oct 24th 2009, 8:11 pm
#8
Just Joined
Thread Starter
Joined: Oct 2009
Posts: 5
Re: Pick a question, any question...
By the way, what's a H-1B Masters? Not that there are any left, I'm just curious...
Thanks again.
Oct 24th 2009, 8:19 pm
#9
Just Joined
Thread Starter
Joined: Oct 2009
Posts: 5
Re: Pick a question, any question...
I know these things may be variable, but how long does a “typical” H-1B visa application take before you can be over there & working? How much might it cost the sponsoring company? As I’d like to give myself the best possible chance with the current job application, any other random advice about succeeding in obtaining a work visa would be really appreciated, thanks.
Allow $5,000
If you’re in the US on a H-1B, is there any chance of changing jobs, or would you have to come back to the UK first & start all over again? I read that something called “AC21 Portability” exists, but haven’t been able to find out anything else yet –anyone know how this works?
You can change jobs, unlike a L
Is there any way to “over-use” the VWP? Does it just come down to the border person’s subjective judgement that you’re coming just a little too often for their liking? Up ‘til now it’s always been clear I was spending way more time in the UK than the US, but I’d like to start increasing the balance in the opposite direction. Is it safer to get a B visa for this? I know this would mean I could come for 6 months rather than just 90 days, but I’m not sure how dodgy applying for this might look when you come from a country that’s covered by the VWP?
Most unlikely to get a B and then you have another issue declaring it.
Is an E visa application incompatible with starting a 501c3/non-profit organisation? I.e. is it intended for more of an investment in a straightforward business opportunity sort of scenario?
Not necessarily, you could have both a profit and non profit, that is what we will likely be doing. A 501 c 3 is not easy on the paperwork, wife has done one before, and so has a friend. Just a warning, and you would need the dosh for an E2.
I did see mention that USCIS are getting stricter on allowing people to effectively self-sponsor by starting up a small business then petitioning for a H-1B for yourself –I would love to hear about the experience of anybody who has tried this route...
I have only seen it mentioned once.
Are there advantages in going down the L visa route (should that prove possible) as opposed to the H? I’m not sure if I read that permanent residency was easier this way, but (a) I don’t even know if I want that yet & (b) my brain is scrambled from having learnt so many abbreviations in a short space of time!
Would your employer want to?
Has anybody here entered the US via a religious visa? Are there any advantages? I think one disadvantage might be you definitely have to go at the end & if I’ve understood what I’ve read about other non-immigrant visas, there seems to be more of a chance of LPR at some point. However, that may not be a problem as at this stage I don’t know for definite if I want to stay really long term.
I always thought of it as a L for religous types. High fraud so extra scrutiny.
Allow $5,000
If you’re in the US on a H-1B, is there any chance of changing jobs, or would you have to come back to the UK first & start all over again? I read that something called “AC21 Portability” exists, but haven’t been able to find out anything else yet –anyone know how this works?
You can change jobs, unlike a L
Is there any way to “over-use” the VWP? Does it just come down to the border person’s subjective judgement that you’re coming just a little too often for their liking? Up ‘til now it’s always been clear I was spending way more time in the UK than the US, but I’d like to start increasing the balance in the opposite direction. Is it safer to get a B visa for this? I know this would mean I could come for 6 months rather than just 90 days, but I’m not sure how dodgy applying for this might look when you come from a country that’s covered by the VWP?
Most unlikely to get a B and then you have another issue declaring it.
Is an E visa application incompatible with starting a 501c3/non-profit organisation? I.e. is it intended for more of an investment in a straightforward business opportunity sort of scenario?
Not necessarily, you could have both a profit and non profit, that is what we will likely be doing. A 501 c 3 is not easy on the paperwork, wife has done one before, and so has a friend. Just a warning, and you would need the dosh for an E2.
I did see mention that USCIS are getting stricter on allowing people to effectively self-sponsor by starting up a small business then petitioning for a H-1B for yourself –I would love to hear about the experience of anybody who has tried this route...
I have only seen it mentioned once.
Are there advantages in going down the L visa route (should that prove possible) as opposed to the H? I’m not sure if I read that permanent residency was easier this way, but (a) I don’t even know if I want that yet & (b) my brain is scrambled from having learnt so many abbreviations in a short space of time!
Would your employer want to?
Has anybody here entered the US via a religious visa? Are there any advantages? I think one disadvantage might be you definitely have to go at the end & if I’ve understood what I’ve read about other non-immigrant visas, there seems to be more of a chance of LPR at some point. However, that may not be a problem as at this stage I don’t know for definite if I want to stay really long term.
I always thought of it as a L for religous types. High fraud so extra scrutiny.
I think it's dead good that people are so willing to provide this info.
I like that description of R as an L for religious types
Happy to have the extra scrutiny (I think!) By the way, does getting a petition turned down for one type of visa create any problems for petitioning for another type?
Oct 24th 2009, 10:04 pm
#10
Account Closed
Joined: Mar 2004
Posts: 2
Re: Pick a question, any question...
If they turned you down because you are a memeber of the Nazi party, yes.
If it is something specific to that visa, no.
If it is something specific to that visa, no.
