jgadsby

Hello everyone,

I'm thinking about moving to the USA to work - and I do have a job offer already. I have a degree and a year's work experience and I qualify for the job (of course) - and this puts me as a third preference immigrant(?) for an employment-based immigrant visa. I also have friends and family in the USA (not blood relatives, but my girlfriend's family). My girlfriend also knows a lot of people who would be willing to give me a job, and can name off the top of her head 7 other potential job opportunities - so getting a job really is not a problem.

My girlfriend was born in the USA and currently lives there, and is thinking about doing a Masters and PHD there starting September 2014. I currently live in the UK and would like to join her, getting an apartment together. All good so far - and I meet all the requirements of work visas (no criminal record, good background, good health, etc).

My questions are more to do with the timing of the visa application process. If I started applying within the next few weeks, how long would it take to get a Green Card, bearing in mind that my girlfriend can handle the documents and physically take them to the locations they need to be mailed to, rather than having to go via post? Obviously, the ideal situation would be to be able to move at the same time my girlfriend starts studying in September - but moving a few months later wouldn't be so bad. I have heard estimates of 9 to 18 months.

My second question is about the job offer. Whilst I do have a job offer now, does it require being continually available for me the entire time I am going through the application process? What happens if the employer cannot guarantee there will still be a job offer at the end of my application process? Or can I kind of apply for the green card in a 'modular' way, where most of the documents required don't need a job offer (i.e. medical exam, labor certificate(?))? At what point in the process do I need to say I have a job offer? Hypothetically, could I have a job offer a month before moving, if all the other paperwork was valid and complete?

My final question is, hypothetically, my girlfriend could study in the UK for the Masters (indeed, that was her original plan). She would start September 2014 and finish June 2015 - which would probably be ample time for me to get my Green Card and be ready to move - even at the top end of a wait time. Heck, even if it was 21 months, it's still in time for her to start a PHD course in September 2015. However, I'm wondering about a situation where I'm early; I get my Green Card, say, by December 2014. My girlfriend is 'stuck' in the UK studying for another half year whilst I'm ready to move with a job offer. What kind of grace period does a Green Card afford? Do I have to move as soon as I get the card and begin work immediately, or am I allowed to wait until my girlfriend finishes her Masters in June 2015 and move then? In other words, is there a 'grace period' of sorts before moving? After all, it's a big decision to make!

Thanks for any advice you can give - it helps enormously.

Silverdragon102

Current processing times for EB3 is Oct 2011 so a few years wait. Employer does the paperwork and has to meet requirements

Start by looking at this info http://britishexpats.com/wiki/Pulask...ork_in_the_USA

and then check out the rest of wiki http://britishexpats.com/wiki/Category:USA_Immigration

hoffage123

Working within your timelines (and ignoring the employment based route for the moment), I think fiance visa or marriage visa would be the quickest option in terms of getting there for September 2014.

If you went for the marriage based route you would become a permanent resident with greencard and work authorisation once you secured an approved visa and having entered the US. For the fiance-based route you would need to get married within 90 days of entering and would need to apply for adjustment of status.


As a third-preference candidate you are looking at a while for an employment-related visa otherwise as already advised, unless you fit into a category that allows expedited processing (expensive for the employer).

Hoffage

Noorah101

Hi and Welcome to BE.

Let's first focus on your statement above...that you have a job offer (and also you can come up with 7 more job offers, as you later state). A job offer is good, but it is the employer who starts your visa paperwork, by filing a petition to USCIS. At THIS point, there is absolutely nothing YOU can do. It's all up to the employer to file a petition for you for a work visa (or an employment-based immigrant visa). The timing will depend on what visa you qualify for, and what visa the company wants to sponsor you for. For example, an employment-based immigrant visa takes a few years to process. An H1B petition can't be filed until April 1, for a start date of October 1 (unless the job is with a educational institution or a non-profit organization, in which case the employer can file anytime).

So, without knowing more about what visa the employer is offering you, it's hard to talk about any timelines with the work visa path.

That's not how it works. You don't start applying for anything yet, the employer needs to get the ball rolling first. Also, your girlfriend doesn't hand-deliver anything...it's all done via post or online. Your employer will know what to do; your girlfriend won't be involved at all.

Also, you need to not focus on a green card right now. First you need to focus on getting a visa. Depending on which visa you get, it could potentially lead to a green card later down the road. You won't be getting a green card right away.

For which visa?

I think you have a lot more research to do on various work visas. Interview with the various employers willing to offer you a job, and see if they are willing to offer to sponsor you for a work visa. If they are not, then you won't be moving to the USA on a work visa.

Have you considered marrying your girlfriend at all? You haven't mentioned that as a path to the USA, which is actually the easiest.

Rene

ian-mstm

So, not actually family then!


Getting a job is easy - getting a visa is far more difficult. That's where you should concentrate your efforts. Some visas will lead to a green card, others won't. Choose carefully.

Ian

Duncan Roberts

What's the job and what are the 7 others? Probably most jobs don't qualify for a visa. A degree and 1 year of experience doesn't really sound like a good basis for a visa application either. Also, no criminal record is important but its kind of further down the list of important things like the job. Good health is very low down the list and a good background is irrelevant.

ScousePete

I see wedding bells in your (American) future.