vertdad

I am a head of chemistry in the UK with a BSc Honours plus pgce at Masters level. I want to emigrate to san Diego area next summer on a h1b visa to teach high school chemistry. My wife and 2 children will be coming too. She has been running her own business here for the last 10 yrs but has no degree. Can she start her own business in the US or will she have to wait till we all get green cards before she can earn some money?

lisa67

If she is coming over on an H4 visa then she cannot do any work, other than true volunteer work, until you have green cards/EAd, or she has a visa that allows her to work in her own right.

Duncan Roberts

Wanting to emigrate to san Diego next summer on a h1b and actually emigrating to san Diego next summer on a h1b are completely different things. Since you are saying next summer I would guess that you have no visa right now which means your wife's situation is not important. Figure out if you can get a visa first, it will likely be extremely tough if not as close to impossible as you can get, then start thinking about other things.

Amanda Goodman

I agree that securing an H-1B sponsor is a difficult task. That said, if your wife is looking to start a business, she is likely able to open a U.S. branch of her UK business affording her the opportunity to come over either as a new office H-1B herself or as a L-1A or L-1B of the home company. Given her role as the principal, you would be able to secure dependant status on their enabling time to look for H-1B positions in San Diego.

md95065

There is a lot more to it than your reply suggests.

If the UK business will continue to operate then an inter-company transfer might be possible for the OP's wife, or an investment based visa might also be possible if sufficient funds are available.

I didn't get the sense from the original post that either of these was a likely scenario, but if they are then the OP and his wife would be well advised to consult with an experienced US immigration attorney to explore their possible options.

Ray

whoa .. thats lawyer speak if I have ever heard it

ian-mstm

If you get an H-1B and she gets an H-4 derivative visa, then she can create the business... but she can't actually work for the business. She is not allowed to work on an H-4... even for herself.

That said, your chances of securing an H-1B position in the US will be difficult in the current economy. While good high school chemistry teachers are sorely needed (I say this with all due respect insofar as my stepdaughter is a chemical engineer), you will be competing for jobs with those who do not need to be sponsored - a very expensive process for the sponsor.

Ian