CFoster26

Hi,

I know there is a work visa that is applied for and then a green card to make things more permanent. What I don’t want to do is get a job, move my two small children and husband over the US. Start the new job and after 6 months am waiting on result of green card after the employer has applied for us have to move back to UK until the decision has been made. So if I’m correct in what your saying,

If I gained employment and then the company applied for a work visa A. How long does this usually take and B. If I got the work visa accepted would I would be able to continue living in the US with my family whilst green card application is being processed?

I have emailed a number of companies this evening. A couple have said they would like to meet us when we visit in June.

Funeral directors never seen to appear in an obvious category, which is why it’s difficult to know whether it falls under specialist or not?!

Pulaski

A work visa is not necessarily connected to a green card at all. Many people get work visas and the employer doesn't ever apply for a green card. So when you take a job on a work visa there is no guarantee you will ever get a green card.

If you have a work visa you can work for the duration of the visa, including if that overlaps with a green card application, but generally when a visa expires you must stop working, and usually leave the US within, IIRC, 30 days.

I suspect that the funeral directors who would "like to meet you" have never sponsored an work visa, are unfamiliar with the costs, and are going to tell you "We'd love to hire you, let us know when you have a visa." Because that is the reality that we have seen many, many times, for many different jobs, over the years here on BE.

CFoster26

How long do the work visas usually last and then if it runs out, how long before you can re-apply ? And how long do you have to stay out of US ?

Noorah101

It depends on the visa. 3 to 5 years is a good guess, and perhaps it can be renewed.

You can re-apply immediately, if you have another employer willing to sponsor a new visa.

There's no set time you have to be outside the USA between work visas.

Rene

Noorah101

One thing to be aware of... in case you get lucky and one of your meetings results in an employer sponsoring an H1B, you should know that the spouse on H4 cannot work in the USA. At all. For anyone.

Rene

christmasoompa

You don't have to stay out of the US at all, they are usually extended.

It will depend on the work visa as to how long it would be for, which one do you think you'd be eligible for having looked at the 'Pulaskis Ways' link above?

christmasoompa

Also the quota has been filled for this year, so October 2023 would be the earliest start date (if lucky in the annual lottery - only a 25% chance this year I believe).

CFoster26

Oh that’s not too bad then! I had in my head we would have 6 months to get it done and then be shipped out for 3 months before we could return.

Another question I have as you are all being so helpful!

If we both gained sponsored employment, Would be both, me and my husband need a green card or if one of us gained one would our spouse & children be included on that?

christmasoompa

Spouse and dependent children would also be included.

Pulaski

You're getting waaay ahead of yourself, but it's one green card application for the family, so whoever gets an employer to sponsor a green card adds the whole family (spouse + kids).

BTW please can you use the "Quote" button to reply, so we know which post your reply applies to.

Noorah101

The green card application would include the whole family.

Rene

CFoster26

This is what it currently says on US Visa website.There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).


I’m not sure on the list what we would fall under. We do currently own our own business here, does that make a difference because it says something on there about having a business in the UK that someone else is running ?

christmasoompa

That's referencing Immigrant Visas though, not temporary work based visas such as the H1B mentioned above. That's why all EB categories are current at the moment (there's usually a wait for EB2/3).

That sounds much more promising. If you'd be leaving it running in the UK and hiring US citizens (plus have the money to invest), then that's definitely worth a consultation with an immigration attorney as that could be a route over.

CFoster26

I may be being stupid but what do you mean by hiring US citizens? If the business is in the UK?
potentially we would be coming to US with over 500,000k but that would be to start us a new life and we would still want to work for a US funeral director?

christmasoompa

Ah, no that wouldn't work. The bit in the Pulaskis Ways Wiki article is for those that not only have a business in the UK that they can leave running, but that also intend to set up a business in the US - so you'd need to invest and hire US citizens there, that would potentially get you a visa.