BigDavyG

As an fyi the 2006 cap was exceeded in July of 2005 I believe.

ladyofthelake

Yeah, people like this guy the 'Rev' Fred Phelps....http://en.wikipedia.org/wiki/Rev._Fred_Phelps who spout a load of bollocks in the name of God, and feel compelled to force their views on everyone else

Welcome to the site Joshua, all the best on whatever route you decide to take.

willmore

Why not consider moving to Canada where the social policies are far more liberal than the States?

TRPardoe

...........but he still would not be able to migrate to the USA.

User Name

Have you considered a J1? For scientists who are taking up a science research position in the USA. Very easy to get for post-docs (was "in my day", but post-911 might be different, even hard to get) - I heard from fellow post-docs that getting a J1 took just a few of weeks. From memory, they worked up to a certain number of years in the USA tax free (memory says 2 years tax free, but memory can be faulty) - day over, and they had to pay the full 2 years in back-taxes. One of my post-doc friends did go over 2 years, but he was hoping to get a Green Card c/o his wife's employer (she is an accountant, works for one of the big accountancy firms with offices all over the UK/USA/rest of the world, so it was easy for her to get a transfer within her firm to live/work in the same geographical area as her post-doc hubby. So he knows he is on the hook to pay back-taxes on his earnings in the 2 year "tax free" period under his J1. He wants a GC that bad, wants to stay in the USA and become a citizen.

I nearly applied for a J1, but instead of taking up a post-doc in the USA, opted for one in the UK, so never applied for a J1, but like I said, they were easy-pizzie to get for post-docs taking up research positions in the USofA - provided you are a scientist with skills wanted by a research group in the USA.

Discussion purposes only, not legal advice.

Ray

And a few really ugly tattoos ...... Sorry Deb.....

Bob

But if he applied for a postion at a uni, then it would be excempt from the annual quota....still not easy to get, and pretty pricey all round though.

jonhuxley

Joshua,

It ain't easy. I spent seven figures in lost income as a result of the extended period it takes to obtain lawful US permanent residence. In my case, 5 years.

First priority permanent residence sponsorship (marriage): you don't qualify. 2nd, 3rd, 4th priorities: disregard due to extended processing times (my brother is a US Citizen: time to process the application: 14 years, and you can't stay here out of status pending the processing of the application).

H1Bs used to be the traditional route for graduates, but that's not an option due to the quota reduction and consequently 2 (or more) year wait.

Consider F1 (accademic studies). J1's generally have a restriction in that when you've completed your studies you have to leave the US and are forbidden to return for 12 months. F1s don't have this restriction. You might be able to adjust status from an F1 to a suitable wokers visa at a later date (i.e. H1B).

Also: NIW.

And L1. Start your career in the UK (a year or so) and, subject to your position, move to the US as an L1. Preferably find a US employer (large company) that has L1 blanket approval.

Consider working for a UK-based susidiary of large American company. Most of my friends came to the US as a result of being posted to an overseas parent office.

E2: set-up a business. No minimum amount specified, but I did this for a couple of years to stay legal; about $250k cash investment evidenced.

There are a couple of other options $500k and $1M, but we're talking serious money here and if you have that much cash floating about you'd more likely be looking to emigrate to a tax shelter rather than the US.

Another option is for you and your partner to move to another jurisdiction other than US or UK where you can legally stay together and work pending the lengthy processing time for finally settling in US or UK. No suggestions on where though. Sorry.

Finally, US immigration legislation is enormously complicated and contradictory. Generally, if you're British, they don't want to here as you're likely to be well educated, speak English as a first language, and consequently well positioned to take jobs from American workers. The H1B quota reduction as approved by congress reflects this. If it's any consolation, Americans wanting to emmigrate to the UK have an even harder time . . .

It used to be that H1Bs were the only non-immigrant visa category that you could later adjust to US permanent resident status. However, this might also be the case with L1s and E2s in the future so they're worth a look.

(Usual legal disclaimer applies.)

Good luck,

Jon Huxley
http://www.jonhuxley.com/

dunroving

As others have suggested, I recommend graduate studies as you are obviously academically inclined. FAIRLY straightforward to get an F-1 visa though you will need proof of financing (when I came, I only had to show enough for the first year only). This can include a university assistantship (like a scholarship, except you work, and it pays tuition and fees at many schools, plus salary).

The bonus is that you gain an education plus the right to work for a year afterwards, and can look into work-related visas while you are studying so you have things lined up after you graduate. Many people who come over here on non-work related status end up being unable to work for long stretches of time.

User Name

Getting a J1 was not expensive, and there was never a quota attached to the J1 program for scientists. Cost hardly anything. Loads of my friends went to the USA on J1s, and got at least 2 years tax free salaries (might have been 3 years, but my memory says 2 years). But all of them were fellow post-docs and had positions in US research groups (mostly at universities/grad schools). It was never hard to get a post-doc position in the USA, American universities took us in droves from the UK. I took up the first post-doc offer which happened to be in the UK, I had it lined up before getting the PhD. I needed money, so did not want a gap between my PhD and post-doc. The USA wanted scientists to work as researchers in university grad schools. Piece of cake in fact. J1 was VERY EASY to get, so long as you were a researcher at post-doc level it was a non-event, just filling in a form (maybe a small fee), but zippy could do that.

Just Jenney

Joshua, I just wanted to say that I wish you and your partner the best and hope that things will go your way. I was happy to see you say something about how your relationship is rock solid and could therefore withstand a long-term separation.

The irony is that heterosexual couples made up of a USC and a non-USC have one of the easiest paths to US immigration that there is -- and yet it is not uncommon to hear these couples complain about how being separated for four or six months while awaiting their marriage-based visas would "kill" them, that being apart is "so unfair".

Those dealing with "difficult" countries like Russia and China and the Philippines -- even those from countries with "terrorist issues" like Iran and Pakistan -- who complain about the long separation should all take a page from your book. At least they HAVE the option of a marriage-based visa. You don't. And that's truly unfortunate.

But keep positive and you'll find a way. I don't have any advice for you but just wanted you to know that I hope it all works out.

~ Jenney

BigDavyG

That's a mighty impressive resume there boyo.
Is it all true ??

jonhuxley

Yep, and not exagerated in any capacity whatsoever. Of course having 'foreign' achievements can be a burden as it makes the due dilligence process considerably more complicated for a prospective employer so you're red flagged by default and more often than not overlooked (which is why I put up an appendix and due dilligence document to verify the facts: press cuttings, incorporation no., top tier references, etc.). Foreign senior execs thinking of moving Stateside be warned . . .

Jon Huxley
http://www.jonhuxley.com/

Celsius

Bob's referring to H1-Bs...

User Name

Opps. I've edited my post to reflect that ...