yet another visa question ....yawn
Aug 13th 2003, 11:52 am
#1
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Thread Starter
Joined: Aug 2003
Posts: 2
yet another visa question ....yawn
Hello. Hope someone can offer advice. My situation is as follows:
Step-father is US citizen about to retire with Mum (UK citizen) to Florida. Would like to join them with husband and young kids.
Currently working in UK as NHS Clinical Psychologist (CP). Still haven't ascertained how much CP's are in demand in Florida but you do need a doctoral degree to enter the profession over here, which I think would qualify for an H1B visa??? The trouble is, I've been advised that it's almost impossible to get US employers to sponsor you. Others have said that employers won't even accept applications unless you have a green card. Otherwise I'm fairly confident I could get a job.
My Step-father can sponsor me (third preference family visa) but I understand this could take six years. Can the family visa be used in conjunction with an employment visa without an employer sponsoring you? OR would I be able to go and work in the US (if offered a job) on the strength of my step-father's sponsorship whilst I wait for priority date.
Sorry this is so long-winded. Any advice would be really great. I'm really keen to get over there as soon as possible, while the kids are still young enough to adapt to such a big move. Any suggestions?
Thanks in advance
Kelly
Step-father is US citizen about to retire with Mum (UK citizen) to Florida. Would like to join them with husband and young kids.
Currently working in UK as NHS Clinical Psychologist (CP). Still haven't ascertained how much CP's are in demand in Florida but you do need a doctoral degree to enter the profession over here, which I think would qualify for an H1B visa??? The trouble is, I've been advised that it's almost impossible to get US employers to sponsor you. Others have said that employers won't even accept applications unless you have a green card. Otherwise I'm fairly confident I could get a job.
My Step-father can sponsor me (third preference family visa) but I understand this could take six years. Can the family visa be used in conjunction with an employment visa without an employer sponsoring you? OR would I be able to go and work in the US (if offered a job) on the strength of my step-father's sponsorship whilst I wait for priority date.
Sorry this is so long-winded. Any advice would be really great. I'm really keen to get over there as soon as possible, while the kids are still young enough to adapt to such a big move. Any suggestions?
Thanks in advance
Kelly
Aug 13th 2003, 5:58 pm
#2
Just Joined
Joined: Jul 2003
Location: NYC
Posts: 20
Can the family visa be used in conjunction with an employment visa without an employer sponsoring you?
I don't quite understand what you mean here. The sponsorhip of your step-father is not a visa. It is immigration to the US (green card). Anyhow, you can't combine visas. Either you have a Student visa (F-1) or you have a worker visa (H1B; L1).
OR would I be able to go and work in the US (if offered a job) on the strength of my step-father's sponsorship whilst I wait for priority date.
The sponsorship of your step-father has no influence in regards of a visa. The only thing you can do is to find a job in the US (or your husband). In either case, the spouse and kids will receive visas too. However, the spouse is not allowed to work. Although, the other spouse could get a worker visa, as well.
See http://www.bcis.gov for more info.
Or the commercial sites http://www.visalaw.com ; http://www.immigration.com ;
I don't quite understand what you mean here. The sponsorhip of your step-father is not a visa. It is immigration to the US (green card). Anyhow, you can't combine visas. Either you have a Student visa (F-1) or you have a worker visa (H1B; L1).
OR would I be able to go and work in the US (if offered a job) on the strength of my step-father's sponsorship whilst I wait for priority date.
The sponsorship of your step-father has no influence in regards of a visa. The only thing you can do is to find a job in the US (or your husband). In either case, the spouse and kids will receive visas too. However, the spouse is not allowed to work. Although, the other spouse could get a worker visa, as well.
See http://www.bcis.gov for more info.
Or the commercial sites http://www.visalaw.com ; http://www.immigration.com ;
Aug 13th 2003, 8:29 pm
#3
Guest
Posts: n/a
Re: yet another visa question ....yawn
"kellula" <[email protected]> wrote in message
news:[email protected]...
> Hello. Hope someone can offer advice. My situation is as follows:
> Step-father is US citizen about to retire with Mum (UK citizen) to
> Florida. Would like to join them with husband and young kids.
> Currently working in UK as NHS Clinical Psychologist (CP). Still haven't
> ascertained how much CP's are in demand in Florida but you do need a
> doctoral degree to enter the profession over here, which I think would
> qualify for an H1B visa???
Yes, you and that type of position would qualify for H-1B classification.
The trouble is, I've been advised that it's
> almost impossible to get US employers to sponsor you. Others have said
> that employers won't even accept applications unless you have a green
> card. Otherwise I'm fairly confident I could get a job.
> My Step-father can sponsor me (third preference family visa)
This is true if your mother married your step-father before you reached the
age of 18.
but I
> understand this could take six years. Can the family visa be used in
> conjunction with an employment visa without an employer sponsoring
> you?
No.
There are certain employment-based permanent resident categories which do
not require a job offer, so the person can file a "self-petition" --
extraordinary ability and national interest waiver. It does not seem as if
you would be qualified for either of these. There are no self-petitioned
temporary work statuses.
See http://www.americanlaw.com/niv.html,
http://www.americanlaw.com/employ.html for an overview of the categories.
OR would I be able to go and work in the US (if offered a job)
> on the strength of my step-father's sponsorship whilst I wait for
> priority date.
No. The existence of an I-130 Relative Petition that has been filed, or
even one that has been approved, is not in itself the basis for entry to the
U.S. or for work authorization.
> Sorry this is so long-winded. Any advice would be really great. I'm
> really keen to get over there as soon as possible, while the kids are
> still young enough to adapt to such a big move. Any suggestions?
Get a job offer, get H-1B status, and move to the U.S. with your children in
H-4 status. H-1B status is available for up to 6 years, so that could carry
you through. If not, maybe your employer could sponsor you for
employment-based immigration.
news:[email protected]...
> Hello. Hope someone can offer advice. My situation is as follows:
> Step-father is US citizen about to retire with Mum (UK citizen) to
> Florida. Would like to join them with husband and young kids.
> Currently working in UK as NHS Clinical Psychologist (CP). Still haven't
> ascertained how much CP's are in demand in Florida but you do need a
> doctoral degree to enter the profession over here, which I think would
> qualify for an H1B visa???
Yes, you and that type of position would qualify for H-1B classification.
The trouble is, I've been advised that it's
> almost impossible to get US employers to sponsor you. Others have said
> that employers won't even accept applications unless you have a green
> card. Otherwise I'm fairly confident I could get a job.
> My Step-father can sponsor me (third preference family visa)
This is true if your mother married your step-father before you reached the
age of 18.
but I
> understand this could take six years. Can the family visa be used in
> conjunction with an employment visa without an employer sponsoring
> you?
No.
There are certain employment-based permanent resident categories which do
not require a job offer, so the person can file a "self-petition" --
extraordinary ability and national interest waiver. It does not seem as if
you would be qualified for either of these. There are no self-petitioned
temporary work statuses.
See http://www.americanlaw.com/niv.html,
http://www.americanlaw.com/employ.html for an overview of the categories.
OR would I be able to go and work in the US (if offered a job)
> on the strength of my step-father's sponsorship whilst I wait for
> priority date.
No. The existence of an I-130 Relative Petition that has been filed, or
even one that has been approved, is not in itself the basis for entry to the
U.S. or for work authorization.
> Sorry this is so long-winded. Any advice would be really great. I'm
> really keen to get over there as soon as possible, while the kids are
> still young enough to adapt to such a big move. Any suggestions?
Get a job offer, get H-1B status, and move to the U.S. with your children in
H-4 status. H-1B status is available for up to 6 years, so that could carry
you through. If not, maybe your employer could sponsor you for
employment-based immigration.
Aug 13th 2003, 9:47 pm
#4
Just Joined
Thread Starter
Joined: Aug 2003
Posts: 2
Message for Sylvia
Sylvia.
I can't thank you enough for your reply. Since I don't fit very neatly into any of the required 'boxes', it has been very difficult until now to obtain information.
Not the best news I've had all year...but an answer all the same. Thanks for taking the time to think about and reply to my questions.
Best wishes
Kelly
I can't thank you enough for your reply. Since I don't fit very neatly into any of the required 'boxes', it has been very difficult until now to obtain information.
Not the best news I've had all year...but an answer all the same. Thanks for taking the time to think about and reply to my questions.
Best wishes
Kelly
