Uncapped H1-B and unmarried - at the moment!
#1
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Uncapped H1-B and unmarried - at the moment!
Hi all,
My prospective employer is in the process of applying for a H1-B for me - it is an educational/research establishment so I understand this will be part of the uncapped Visa allocation.
I am engaged but we had not really set a date, we have a friend who is an ordained minister in the US and we want him to conduct our wedding ceremony, probably sometime during the summer of 2019. We are not really bothered about having our marriage registered in the UK. We have a mortgage on our house in the UK and have been together for 15 years, just to give some background to our history. If my fiancee does not come out to the US with me when I leave (this is realistically early 2019 now, I guess) this is not a major issue as he has commitments here that would delay his travelling with me anyway.
I am interested in how difficult it would be to apply for a H4 visa once I am in the US - my fiancee would at some point become my spouse once I am there - and whether our US wedding would be sufficient evidence for sponsorship. It is really important to us that our wedding is conducted by our friend so marrying in the UK is not necessarily out of the question but we would prefer not to.
Does anyone have any information or advice regarding my situation please?
Thanks in advance,
Claire
My prospective employer is in the process of applying for a H1-B for me - it is an educational/research establishment so I understand this will be part of the uncapped Visa allocation.
I am engaged but we had not really set a date, we have a friend who is an ordained minister in the US and we want him to conduct our wedding ceremony, probably sometime during the summer of 2019. We are not really bothered about having our marriage registered in the UK. We have a mortgage on our house in the UK and have been together for 15 years, just to give some background to our history. If my fiancee does not come out to the US with me when I leave (this is realistically early 2019 now, I guess) this is not a major issue as he has commitments here that would delay his travelling with me anyway.
I am interested in how difficult it would be to apply for a H4 visa once I am in the US - my fiancee would at some point become my spouse once I am there - and whether our US wedding would be sufficient evidence for sponsorship. It is really important to us that our wedding is conducted by our friend so marrying in the UK is not necessarily out of the question but we would prefer not to.
Does anyone have any information or advice regarding my situation please?
Thanks in advance,
Claire
#2
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Re: Uncapped H1-B and unmarried - at the moment!
H4 would need to be applied for outside of the US.
However it is perfectly possible to enter the US on the visa waiver program (ESTA), get married and your now husband to return to the UK to apply for a dependent H4 visa and you join (4-6 weeks ish later)
All this being said - I don't believe he will be able to work on the H4, has all of this been factored into your plans?
However it is perfectly possible to enter the US on the visa waiver program (ESTA), get married and your now husband to return to the UK to apply for a dependent H4 visa and you join (4-6 weeks ish later)
All this being said - I don't believe he will be able to work on the H4, has all of this been factored into your plans?
#3
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#4
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Re: Uncapped H1-B and unmarried - at the moment!
TKOH,
Thanks for your quick reply, much appreciated. His ESTA will still be valid for the trip we had this year so that's fine, and it's good to know about the application needed to be done outside of the US.
Yes, sadly I know about the H4 work restrictions. We are hoping to supplement my income with the rental from our house in London (yes I do know about the US income tax on that!). Can anyone confirm whether he is able to do any unpaid/voluntary work or is he just expected to sit on his backside all day? (please say no!) :-)
Claire
Thanks for your quick reply, much appreciated. His ESTA will still be valid for the trip we had this year so that's fine, and it's good to know about the application needed to be done outside of the US.
Yes, sadly I know about the H4 work restrictions. We are hoping to supplement my income with the rental from our house in London (yes I do know about the US income tax on that!). Can anyone confirm whether he is able to do any unpaid/voluntary work or is he just expected to sit on his backside all day? (please say no!) :-)
Claire
#6
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Re: Uncapped H1-B and unmarried - at the moment!
Where will you be moving to? The cost of living in some areas may make it pretty much impossible for you on only one (academic) wage.
H4 is otherwise known as the 'visa from hell'.
It's doable if you're just planning on being in the US for a year or so and your OH has enough to occupy him: perhaps he can use it as a chance to network/train/focus on creative project etc.
In a country where your work is your life it's been very hard for me (H4 since 2014: literally ripping my hair out at this point and considering leaving the country) to find people to hang out with during the day. If you have kids, I assume it's easier.
Volunteer opportunities in the US are generally very service oriented (help in homeless/animal shelters - too distressing for me) although with some digging, good and rewarding opportunities can be found.
Consider also the impact that a massive gap in your OH's CV might cause. As a H4 holder, you're essentially a non-person: you cannot get a social security number, which means no credit card and no credit score. You *can* get a drivers licence.
Not trying to put you off: as long as you know what to expect, that's half the battle won.
Also note that, unlike the capped H1-b, the uncapped H1-b cannot be transferred to another institution/employer.
H4 is otherwise known as the 'visa from hell'.
It's doable if you're just planning on being in the US for a year or so and your OH has enough to occupy him: perhaps he can use it as a chance to network/train/focus on creative project etc.
In a country where your work is your life it's been very hard for me (H4 since 2014: literally ripping my hair out at this point and considering leaving the country) to find people to hang out with during the day. If you have kids, I assume it's easier.
Volunteer opportunities in the US are generally very service oriented (help in homeless/animal shelters - too distressing for me) although with some digging, good and rewarding opportunities can be found.
Consider also the impact that a massive gap in your OH's CV might cause. As a H4 holder, you're essentially a non-person: you cannot get a social security number, which means no credit card and no credit score. You *can* get a drivers licence.
Not trying to put you off: as long as you know what to expect, that's half the battle won.
Also note that, unlike the capped H1-b, the uncapped H1-b cannot be transferred to another institution/employer.
Last edited by sherbert; Aug 16th 2018 at 5:22 pm. Reason: adding last line re uncapped H1b
#7
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Re: Uncapped H1-B and unmarried - at the moment!
Technically H1s are not really transferred. Each employer applies for one. Another non profit institution can apply for an H1 for her or a profit based institution can apply for one for her, but that would then be subject to the cap at that time.
#8
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Re: Uncapped H1-B and unmarried - at the moment!
Hmmm. Transfer may be the wrong word but it's not true that each employer applies for a capped H1-b. Once you have the capped H1-b in hand its yours for the validity of it (currently 6 years) and you do not need to go through the lottery again. If you change employer, the new employer has to register itself as the employer named on your visa.
#9
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Re: Uncapped H1-B and unmarried - at the moment!
Hmmm. Transfer may be the wrong word but it's not true that each employer applies for a capped H1-b. Once you have the capped H1-b in hand its yours for the validity of it (currently 6 years) and you do not need to go through the lottery again. If you change employer, the new employer has to register itself as the employer named on your visa.
If the OP was currently getting a capped H1, then a future employer would not need to apply for a capped H1 for her.
I did say that each employer applies for its own H1 for its employee. It's not really registering. It's a new H1.
#10
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Re: Uncapped H1-B and unmarried - at the moment!
Many thanks for all your responses, its been massively helpful. I want this to be part of a longer term move and want to apply for a GC after the first three years. Would my spouse be in a position to work at this point? He is looking to completely transition to a more artistic career so the gap in the CV won't be so much of an issue. We may have to spend more time in different countries than anticipated but this is such a good opportunity for me (IT in Cambridge, MA) and my career I really feel I have to pursue it.
Thanks for your honesty!
Claire
Thanks for your honesty!
Claire
#11
Re: Uncapped H1-B and unmarried - at the moment!
Upon a Green Card application, you both will receive EADs and can work for anyone. I would get it written into the contract that they will sponsor you after XXXX time, since it is easy for them to renege on that promise down the line without it being so.
#12
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Re: Uncapped H1-B and unmarried - at the moment!
Not exactly "on application". You can only apply for an EAD when it's time for AOS. If your category is not current, there could be a big wait!
#13
Re: Uncapped H1-B and unmarried - at the moment!
Not exactly "on application". You can only apply for an EAD when it's time for AOS. If your category is not current, there could be a big wait!
#14
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Re: Uncapped H1-B and unmarried - at the moment!
OK what all that jargon means is that once your employer applies for a GC for you, which in itself is a verrrry long process (and are you absolutely certain that they will: a lot of academic institutions do not because of the expense and difficulty?) and your petition for a GC is approved, you then get the right to apply to adjust your status to a permanent resident (i.e. you apply to get your GC) which is taking about 8-12 months at this point if your case goes smoothly, after the 8-12 months it may take to assess your petition. EADs are supposed to be issued 90 days after you send in this application to adjust status but this is currently not the case and people have been waiting 6 months for them.
If you were, say Indian, Chinese or Filipino, or applying in certain categories, you may have to wait for your priority date to become current before you can move to this stage: this means that once your GC petition has been approved you must wait until x date (in the case of Indians, for example, its years in the future), before you can apply to adjust your status to permanent resident. This probably doesn't apply to you but who knows how the system could change over the next few years.
You might want to look into the EB-2 NIW as an academic. If this is something that could work for you, start working on it *now* and file as soon as you possibly can after you arrive. NIW allows individuals of outstanding ability to apply for GC WITHOUT a specific job offer. It's not as hard as you may think to get it but you'll be looking at spending about $7,000 minimum on it.
If you were, say Indian, Chinese or Filipino, or applying in certain categories, you may have to wait for your priority date to become current before you can move to this stage: this means that once your GC petition has been approved you must wait until x date (in the case of Indians, for example, its years in the future), before you can apply to adjust your status to permanent resident. This probably doesn't apply to you but who knows how the system could change over the next few years.
You might want to look into the EB-2 NIW as an academic. If this is something that could work for you, start working on it *now* and file as soon as you possibly can after you arrive. NIW allows individuals of outstanding ability to apply for GC WITHOUT a specific job offer. It's not as hard as you may think to get it but you'll be looking at spending about $7,000 minimum on it.