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Living overseas

Whether you're considering emigrating or an expat abroad, you'll find likeminds on this forum.

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Original poster

Any one living in the States on an H4 visa ?

21 replies

globetrotter141 · 09/07/2019 13:35

My husband has the opportunity to work in the States. He's just had his H1B Visa approved. But if we go, I would be on an H4 visa so unable to do any kind of work I think?

I'm self-employed and could fairly easily continue that from the States but it sounds like I would have to give that up? I enjoy working so I'm just wondering if anyone has been in a similar position and made the move and how they found it?

How did / do you spend your time? Kids would be at school. Just thinking through how not working might impact me... So if anyone could offer any advice / reassurance I'd appreciate it, thanks!

OP posts:

janefondasleotard · 09/07/2019 14:57

Hi globetrotter14,

I lived in the states with a spouse visa for just under two years. I loved the city we were in so had a great time. I had British friends in the same position. Like you before I went I was self employed and enjoyed my work. I had a very little one at the time of us living there so I didn't miss working. However, we are now looking to return and I wouldn't want to go back without the possibility of working. I had several friends who after the initial settling in really started to struggle to feel a sense of identity in their new place of living. So if you can I would definitely look into getting a visa for you to be able to work.

Can I ask - with the H1B is this a job transfer or did your husband apply for a job out there and sort out his own visa? I ask because that would be the visa I would need and am looking into for our return.

Original poster

globetrotter141 · 09/07/2019 15:43

Thanks for your reply jane, that's helpful to know. The city looks good but yes I would worry about sense of identity and my career options when we come back to UK.

Husband was essentially headhunted for a job with specialist skills that the company had been struggling to fill, so they've done all the visa stuff for him. But it means my visa options are limited unless I can find a company willing to sponsor me and I don't think my skills are specialist enough!

Do you mind me asking where you were based and how easy you found it to make friends / feel part of the community?

OP posts:

LeastLikelyTo · 09/07/2019 15:54

I've done this, pre-kids. We were there for nearly 3 years. We went over open to the possibility of staying long term but for baby reasons decided to come back - mainly because we wanted kids and not in America!

I did volunteer, although there are lots of restrictions legally on this but no one really checked as it was informal and was actually offered a job with visa. Would possibly have stayed longer for that but had already arranged to go back.

Some places will be very careful about not being seen to offer volunteer opportunities to those without the correct visa though - I offered to do what was basically unpaid/intern work in a university and wasn't allowed.

I was friends with another h4 woman and had friends there already. Whereabouts would you be based?

I do have several sets of friends in the same situation who either went with young kids or had them out there and they've stayed indefinitely, (one actually got the job I was offered! The other is a sahm/manages letting out their uk house). Pm me if you want any more specific info!

LeastLikelyTo · 09/07/2019 15:55

*many reasons, not baby reasons!

Wellthatsit · 09/07/2019 16:03

I did this and was also self employed. I set up a company in the UK, and any work I did, the company got paid rather than me. It got around the 'no working visa' situation. I didn't withdraw any if the income when there though (can't remember what happened after I came back, and I didn't earn much anyway as I had a baby when there so basically stopped working).
Incidentally, our tax accountant over there said the government doesn't care about people working illegally as long as they pay their taxes! But this was in the noughties and so things may have changed.
Re volunteering, I did it and it was great/easy. Also re identity, I found it interesting to meet different people and explore a new culture. We were lucky in that we became good friends with our neighbours, my DH made friends through work, and after I had my DS I made mum friends who I am still friends with today. My identity was that I was the 'interesting British one' (interesting by virtue of being British I mean)
I think experiences will vary massively depending where you are based. I was in NYC.

LinoleumBlownapart · 09/07/2019 16:04

You can study in an H4, many use the time and opportunity to add to their CV with further studies. I've known people that get their own H1B if they have relevant skills and one guy I know has an EAD. There is talk of cancelling EAD's for H4 but as far as I'm aware it's not actually gone through yet. Did the company use a lawyer? If you are in contact with a lawyer I would suggest you wait until you're settled in and ask the lawyer. They will be able to give you much more info.

I moved to a city where I already had friends and family but making friends was much easier than other countries I have lived in. There's a lot of Brits in the USA, but in many cases the Americans are better people to hang out with. Where are you moving to?

Original poster

globetrotter141 · 09/07/2019 18:30

Thanks for all the useful info, that's really helped. Interesting idea re setting up a UK company and not taking a salary from it... I may give that one more thought! And yes to the studying, that could be a good way to boost skills if I'm not working and it's good to know I could volunteer fairly easily as I'd be up for that.

We'd be based in Portland, OR. Though more in the suburbs. Not been that far north before, though I understand it's one of the more liberal States! Which is a good thing , I think

My husband's potential employer have an.immigration lawyer so I could chat to them at some point hopefully.

OP posts:

BritInUS1 · 09/07/2019 19:12

By the way setting up a UK limited company and working through that is not an option. Do not do that - the work is being done in the US and therefore you are working in the US illegally

I am a tax accountant

Personally I wouldn't be doing anything illegal, it could end up with you being deported and refused entry at all in the future

BritInUS1 · 09/07/2019 19:12

Sorry I meant to add, I moved here for my husbands job and would not have considered it if I hadn't been able to work

BritWifeinUSA · 09/07/2019 21:33

I second the poster who says don’t risk it. People have tried to be “creative” before on the “freelancing” side of things to get around the no-work rule. You will be physically present in the US for more than 180 days a year so you will need to file a tax return each year. I hope you’re not planning to lie on your tax return? That would cause huge problems. You can rent out a property overseas and have income from that but you cannot he “productive” in the US. One of the many reasons that H-4 is an awful visa and H-1B in general is not as good as people think it is.

Aside from the fact that the category is massively oversubscribed. Only 25% of those with job offers will be selected to receive visas. And the tech giants such as Microsoft take up a disproportionate number of the available visas, rightly or wrongly.

If your husband is not going to be making enough to support all of you comfortably, turn it down. This is not a good place to be poor.

LeastLikelyTo · 09/07/2019 22:21

Studying can be expensive - I thought about doing a Masters but it would've cost me tens of thousands of dollars. I did some courses at Community College though.

Be prepared to encounter the horrors of the awful, expensive healthcare system and lack of annual leave for your other half. Also you can't get proper bacon, the bread is really sweet (I bought a breadmaker!!), plus loads of other stuff... You realise how far apart our cultures are (I had way more in common with French and German people in terms of familiarity with how things work etc and cultural reference points - loads of stuff in the US seemed very backwards/old-fashioned to me) however it is a great experience to live abroad for a while.
How would your kids find it?

Original poster

globetrotter141 · 10/07/2019 06:33

Just to be clear, I'm not planning on doing anything illegal or lying on my tax return! But thanks for suggesting that I am. I'm not a tax or immigration expert and was simply asking for advice about dealing with NOT working. I'm not looking for advice about how to cheat the system.

OP posts:

stucknoue · 10/07/2019 06:42

I had a h4, you cannot work at all, officially you cannot even do voluntary work. Breaking the rules means being banned from the US for life so I didn't work though I did volunteer as the organisation thought it was stupid to ban it

LinoleumBlownapart · 10/07/2019 15:24

Just to clarify something, you can not volunteer for a profit organisation, because you would be taking away a paid employment position. But you can 100% legally volunteer for non-profit organizations and they would be very grateful. Walking dogs for a local humane society for example or soup kitchen. You would also meet people.
Some people in H4's can work but they need to be granted an EAD. The people I know who do this usually have jobs/careers that are in demand in the US, in similar categories to their H1B spouses. Engineers, teachers etc. The lawyer is the best person to talk to about everything.

popehilarious · 10/07/2019 16:00

The lawyer I spoke to said 'you can't benefit from the volunteering' which was weird and not sure totally correct. I looked on oxfam's website and they said you needed a work visa to take a volunteer role, so it's tricky.

popehilarious · 10/07/2019 16:01

Soup kitchen etc would be fine though

Instagran · 10/07/2019 16:20

When we were in the US I volunteered in the children's schools. They relied a lot on volunteers and for more varied things than the schools here seem to do.

BritInUS1 · 10/07/2019 16:53

I'm sorry if my post came across that way. I was actually trying to clarify what someone said in a previous post, saying that that's what they had done, and was trying to warn you that this was not acceptable.

I wasn't meaning to imply that you were considering doing this.

Once again apologies if I offended you.

Wellthatsit · 11/07/2019 22:22

It was me who suggested setting up a company. Sorry for any confusion but when I did it it was for work I was doing in the UK and I was paid in the UK. Not sure if this makes any difference.

Re volunteering, I was never asked what my visa status was! But it was a while ago. Maybe the rules are stricter now.

Hope you find some way to fill your time OP. I can't believe you will just sit at home doing nothing, even if the official volunteering route isn't an option. I am sure there will be casual ways to get involved in your community.

BritInUS1 · 12/07/2019 17:53

Wellthatsit - if you were physically doing the work in the US, regardless of where the client was, then you were working in the US

Wellthatsit · 12/07/2019 21:49

That's what I did and it wasn't an issue with either IRS or HMRC, but maybe I was breaking the law and didn't know it. Oh well. Too late to worry about it now.

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