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Original poster

visa issues for work in US

15 replies

mightmove · 28/09/2004 10:40

I've changed my name for this, but hoped some of the people who've worked in the US might be able to help.

I'm applying for a job in the US (NYC), but I'd only want to go if dp and dd can also come. I'd been happily assuming that if I got a work visa dp would also be able to work, but just looked at the US immigration website and found out this isn't true.

My question is--if dp moved to the US on an H4 visa with me, would he be able to find work once there and then apply for a change in visa status? Or would he need to find a job there as well and get the work visa sorted before we go?

OP posts:

marialuisa · 28/09/2004 12:50

From the experiences our friends have had your DH would have to get a job and work visa before moving to the U.S.A. There is some loophole thatr means you can be self-employed after a while but you can't easily apply for a change in visa once you're there.

Ameriscot2004 · 28/09/2004 12:54

No, if he's on an H4 visa, he wouldn't be able to work.

A possibility for him is to find someone willing to offer a job and get the labor certification for a H1 visa in his own right. Whether he'd be eligible for the labour certification depends on his skills and experience and a lack of these within the current US workforce.

Ameriscot2004 · 28/09/2004 12:56

ps: the clearest source of visa information that I have come across is from the US Embassy in London.

www.usembassy.org.uk/cons_web/visa/visaindex.htm

Original poster

mightmove · 28/09/2004 14:32

Thanks for that ref and for advice generally. Looking at the website, it seems that I might actually be eligible to apply for an immigrant visa and would then be a lawful permanent resident, in which case dp (if I marry him!) will be able to get a 'spouse of permanent resident' visa which will enable him to work. Does anyone have any experience of this? How long would it all take? I can't figure out from the website whether that's right or if I'm just optimistically making it up.

DP is not particularly highly skilled in job-market terms, in fact he's not working at the moment due to disability. But he wants to work in future so would be very unhappy moving somewhere where he couldn't work.

OP posts:

Ameriscot2004 · 28/09/2004 16:14

I'm afraid it takes quite a few years for a green card holder to sponsor their spouse for an immigrant visa.

Right now, the USCIS is reviewing applications made in May 2000, and when approved, these will still take another 6 months for the visa to be issued.

californiagirl · 28/09/2004 18:42

I'm sorry to make things even gloomier, but it takes several years to get permanent residency status to start with, and then several more to get a spouse visa. The US visa system is horrible. If you're eligible for the green card lottery, that's a better deal. But I think in the UK only the Irish are eligible.

Original poster

mightmove · 28/09/2004 20:44

That's a bit depressing. I guess if we move he may just have to be dependent on me for a while. Or maybe we will just stay here.

He sometimes does web design for friends. If he did that from the states, but they paid him into a UK account, I wonder if that would count as 'working' ...

Of course, I haven't even been offered the job yet so we may have nothing to worry about

OP posts:

stripey · 28/09/2004 20:54

About 8-9 years ago my now dh was transferred to the US. I went with him and we married while there otherwise I would not have even been able to stay longer than 6mths (don't know if this would apply to your dp). I couldn't get a visa to work and I have a degree in Computing. Colleagues wives (incl teacher and nurse could not work either). From my experience I wouldn't advise it if your dp could not work as it is a totally different situation being unemployed in a country where you have no friends or relatives. I felt like a second class citizen in the US and could not even open a bank account without a social security number. It was horrible thankfully we left after 12 months

SofiaAmes · 28/09/2004 22:10

mightmove, since you and your dp are not married, he may have trouble staying in the us for more than 6 months even if you have a work visa. It doesn't help that he is on disability either. I would highly recommend consulting an immigration lawyer. I can recommend a good (but not cheap) one if you do get to the point of getting the job.
Also there used to be a quirkly loophole where if you applied for a green card and then got married while the application was pending, your dh would automatically get one too, but if you got married after getting the card, they wouldn't automatically get it. I don't know if it still exists.

suedonim · 28/09/2004 22:13

My son moved to LA about two yrs ago, after marrying a girl from Ca. Even though he had a green card (as a spouse of a US citizen) and a degree and pgd, he found it very hard to get work in his field and there's no Social Security or even health care available to him. Although he has now worked sporadically he's decided to start back at uni in order to have more career options. It certainly hasn't been an easy road for him.

Ameriscot2004 · 28/09/2004 22:26

"He sometimes does web design for friends. If he did that from the states, but they paid him into a UK account, I wonder if that would count as 'working' ... "

Yes, it would be working in the US. You are working wherever you are physically present, regardless of where payroll is located.

Ameriscot2004 · 28/09/2004 22:28

"I went with him and we married while there otherwise I would not have even been able to stay longer than 6mths (don't know if this would apply to your dp). "

They'd need to be married for him to get a work permit dependent's visa (H4).

Ameriscot2004 · 28/09/2004 22:30

"Also there used to be a quirkly loophole where if you applied for a green card and then got married while the application was pending, your dh would automatically get one too, but if you got married after getting the card, they wouldn't automatically get it. I don't know if it still exists. "

Only the spouse of a US citizen can adjust status in the US.

Original poster

mightmove · 29/09/2004 10:21

Thanks for all your advice, even if it is a bit gloomy. We wouldn't mind getting married, so that's not a big issue. But the working is. He wouldn't want to go if he couldn't work and I can completely understand that. If the offer comes through for me, we will just have to see if there is any way we can find him a job as well. Luckily we should have some time--I work in an area where decisions about jobs take ages.

OP posts:

californiagirl · 29/09/2004 19:53

DH is Australian and has a green card (through marrying me). He didn't have more than average trouble landing a job here. But getting the green card was a misery and will only get worse (spouse ones are temporary at first and you have to do it over!)

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