jedlova

Hi,

New to boards.
My H2B works for US company in UK. For the last year we have been re-located to Eastern Europe for him to manage a factory.
Now discussions have begun about us moving to the US with this company.
I was not allowed to work as I took a career break from the Health Service (language would have been a problem anyway). I have no professional qualifications, only an SVQ in Customer Services. Having looked at various sites I am now concerned that I will not be able to work in States (am bored not working now - never thought I'd say that!)
Is there anyway that I can get a visa and be allowed to work? It seems it takes an eternity for this!
Is married better than unmarried in these situations?
His company will sponsor him, so there should be no problem there.
Thought it was hard enough moving here, but the States seems like a minefield.
Really want to do this as it's a great opportunity for H2B, but I would like my own independence.

Hopeful for some helpful replies

MsElui

do you know what type of visa his company are proposing?

my husband works for a US firm and they are relocating him on an L1 visa as a inter company transfer - manager. As his wife i get an L2 visa and can work if i apply for for permission once we arrive (takes 3 months). Think you have to actually be married though.

we started this visa prosess rolling about 1-2 months ago and expect to be going to the us in mid October so 'this' type of visa doesnt take long at all.

The other criterria is that he has worked for them for 1 year plus - but he clearly meets that one already.

If its another type of visa then it could be different.

Jerseygirl

Take a look at this it may be helpful:

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

dbj1000

I suggest you don't use the term H2B, since that's a class of US visa. Just confuses things.

You won't be able to get any visa until you marry your husband 2 be, unless you can get independent sponsorship from a US company. So yes, married is better.

If your husband moves over on an H1-B visa (skilled worker) then as his wife you'll be on an H4 visa and unable to work. However, it sounds more likely that, as a manager who has worked for the parent company for more than a year, he will be able to move over on one of the L1 class of visas for the intra-company transfer of senior managers. As his wife, you will then be eligible for an L2 visa, and you'll be able to work once you've filed for your EAD (Employment Authorization Document) which takes a couple of months typically.

Be very aware of the different classes of L1 visa. If you can possibly manage it, get your husband transferred on an L1-A visa (for employees in an Executive or Managerial position), and not an L1-B visa (for employees with specialist knowledge). The L1-A currently makes it much quicker to get a Green Card than the L1-B, due to something called Priority Date Retrogression (ask your company lawyer about it).

Oh, and make sure the company promises in writing to sponsor you both for your Green Cards, and pay the various fees if possible. You'll want to start a Permanent Residency application ASAP after you arrive, if you don't want to be living from one visa renewal to another, at the whim of the immigration service!

penguinsix

Until you are married, you basically have to stand on your own. You would have to get a visa independently (the hard way).

Although there is no legal status associated a 'bride to be', there is a fiancee visa that can get you in but you then have to marry within 90 days of arrival (is that the K-1)?

jedlova

Thanks for the reply.
Can I be nosey and ask what type of work you do or what type of work will you be applying for?
Will his company employ you?
Have you found his company helpful with all this and will you be given help when you arrive to integrate etc?

jedlova

Wedding (in 2 months) was to be a secret!
I guess now we'll have to confide in the HR person in the States who's dealing with all this.
So, if they tell the appropriate person that we will be man and wife when we move over there, this will help my case then?????

MsElui

my husband is a global manager in IT at a large US bank.

I am a team leader in IT (applications support) and I am having to quit this job to go to the US. Once i get authorisation to work out there - i will decide if i actually want to work (or need financially to work). We will be renting initially and then buying a home in 6 months - and have 2 kids under 3 to look after - so job isnt on the horizon for the time being as settling the family in to the new home will be the priority.

my husbands employers are very big locally where we are going (i believe he told me the building is over a mile long) so I am hoping that there must be 'some' opportunity for a capable person like myself to find something - although this is up to me to find and arrange.

As its a very large company - they have a thick manual on what a reloctation involves and what you are entitled too from the company. Its hard for me to deal with the company (being the organised one at home) because they are not my employers - but we are getting there. They offer a variety of financial and other assistance in finding a home, cultural training, car leasing, etc etc. I do note that i find out info on sites like this, then ask my husband about it - he then gets clarification from his employers etc.

not sure about the secret wedding bit - its the application forms that you cant submit until you are married that might just mean you cannot begin the application until you are married. (ie if you go ahead with the visa application NOW - then you cant be included. Once you have the wedding certificate etc - then you cound be included.

Elvira

Fiance visa (K1) is only available to those planing to marry a USC.

Bob

get married, get the company to do an L1 company transfer if he's worked there over a year, then you'll get an L2 and be allowed to work getting an EAD card. If your other half got an H1B, then you wouldn't be allowed to work.

As well as reading through the links posted, you might want to browse through the visa section of the site to get a better understanding of the whole process

meauxna

I've been reading too many immigration boards.. was wondering how the partner of an H-2B was going to get into the US at all...

congrats on the secret wedding!

jedlova

Firstly, thanks for all your replies.
Now if I can pick your brains again.
It seems as if husband to be is given a L1A visa, I could get an L2 and be allowed to work. But what if h2b is given an EB-1C, would this make things more difficult for me??????

dbj1000

EB1-C is a classification used when applying for Permanent Residency. It is not a visa category.

See here for more details

L1A is a visa for multinational executives, and yes, the accompanying spouse gets an L2 visa and is entitled to work.

dbj1000

By the way, it sounds like you don't have a good line of contact to your husband's company's Immigration Lawyer.

You need to open that line of communication if you can. You'll need to ask lots of questions specific to your case and your family situation as you progress through this Immigration minefield, and many people here have been stung by getting poor quality answers or no response from the lawyers who are being paid to assist with their case.

fatbrit

A very good point. You need to get proactive now.