Applying for H1B.. work permit for my spouse ?

[tdci100]

A company located in NC wishes to hire me.

I am 25 years old, born and raised in Belgium, I graduated in a management school and have a 4 year experience in the IT field, which is what my job would be in the United States.

I would need to know the exhaustive procedure for the employer and myself to facilitate the process of immigration.

My girlfriend for 4 years is willing to move along. We plan on getting married soon, we want to make sure she would be granted a visa and work permit through marriage. She holds an academic degree in communication sciences.

We would both have $55,000+ to get started and settled in.

This is what I understood so far.. I'm guessing I will apply for a H1B visa.. by default, my spouse would be granted a H4 which would not allow her to work.. this is not an acceptable solution since we plan on moving to work and eventually invest.

I figured out it is sometimes possible for the spouse and children to get an equivalent (H1B) visa ? What is required to be both granted a work visa. If she's not granted the work visa, we won't be moving at all and will have to give up thinking about immigration.

I need some help from you specialists, I'm kind of lost in this immigration maze and vocabulary.

Thanks for any help
Sebastien

 

[ginnu]

A company located in NC wishes to hire me.

I am 25 years old, born and raised in Belgium, I graduated in a management school and have a 4 year experience in the IT field, which is what my job would be in the United States.

I would need to know the exhaustive procedure for the employer and myself to facilitate the process of immigration.

My girlfriend for 4 years is willing to move along. We plan on getting married soon, we want to make sure she would be granted a visa and work permit through marriage. She holds an academic degree in communication sciences.

We would both have $55,000+ to get started and settled in.

This is what I understood so far.. I'm guessing I will apply for a H1B visa.. by default, my spouse would be granted a H4 which would not allow her to work.. this is not an acceptable solution since we plan on moving to work and eventually invest.

I figured out it is sometimes possible for the spouse and children to get an equivalent (H1B) visa ? What is required to be both granted a work visa. If she's not granted the work visa, we won't be moving at all and will have to give up thinking about immigration.

I need some help from you specialists, I'm kind of lost in this immigration maze and vocabulary.

Thanks for any help
Sebastien

US employer can file H1 petition for you with USCIS once petition is approved then employer will send you petition and you need to go to US consulate for H1 visa stamping and you SPOUSE can get H4 and on H4 visa status she cannot work. FYI the quota for this year H1 may be over in 2-3 weeks time. Girl friend is NOT eligible to get H4 based on your H1 once you get married she is eligible for H4.
If your spouse wants to start working then she needs H1 visa or any work visa to work in US.

 

[tdci100]

Thanks for your reply..

When does the H1 and H4 quota get back to 0 ?

Do you know any way on how she could get a work visa..
I've read spouse could be granted a similar visa (here H1B) in some cases.. I'm trying to find out what the requirements are..

 

[ginnu]

Thanks for your reply..

When does the H1 and H4 quota get back to 0 ?
-------- at this time only about 9000 are balance and the cap will reach in 1-2 weeks time. the H1 Petition filed now are for start date of October 2006, you may have to try your luck next year if H1 petition not filed by US employer
Do you know any way on how she could get a work visa..
--------- what is her education?, does she have BS degree or Master Degree ?any exp and field of study? all depends on education/skills and the demand in US and then she need US employer to file for her petition

I've read spouse could be granted a similar visa (here H1B) in some cases..
------------ if she is eligible for H1 then petition for her also need to be filed by US employer. if you get H1 visa spouse get H4 visa and she can come to US on H4 visa visa and if she can find employer and is eligible for H1 then her US employer can file H4 to H1 Change of status and after Change of status is approved she can start working on H1
I'm trying to find out what the requirements are..

-------------- you need to post full details about her education, Exp.

 

[tdci100]

Thanks for the info..

She has a university degree in communication sciences + 1 year experience..

How long does the H4 to H1 change of status take ?
I mean, is it processed faster given she's already on the land + husband working..

Is there any chance on getting the green card after a while ? Does the employer need to apply on your behalf again ? What if the husband gets the green card.. do the spouse get it along ?

I'm trying to find out the best combination possible to get the most chance of getting there.. I was thinking of both applying on DV2008 along with H1B/H4 application running.. I figured out it was still possible to apply on DV when already working under a H1B visa.. is that right ?

Thanks !!!
Sebastien

 

[ginnu]

Thanks for the info..

She has a university degree in communication sciences + 1 year experience..
-------------- she can get H1 if she finds US employer to get her H1
How long does the H4 to H1 change of status take ?
------------ first she has to find employer who is ready to give her job once she finds employer he will file for H4 to H1 COS with USCIS and it may take 2-4 months for approval
I mean, is it processed faster given she's already on the land + husband working..
-------- she cant get processed faster becouse of above reason like being in US or husband working
Is there any chance on getting the green card after a while ? Does the employer need to apply on your behalf again ?
------- employer need to file Green card for you and it may take 5-7 years
What if the husband gets the green card.. do the spouse get it along ?
---------- spouse can get derivative GC
I'm trying to find out the best combination possible to get the most chance of getting there.. I was thinking of both applying on DV2008 along with H1B/H4 application running.. I figured out it was still possible to apply on DV when already working under a H1B visa.. is that right ?
---------- I am not expert with DV others may reply
Thanks !!!
Sebastien

 

[GotPR?]

How long does the H4 to H1 change of status take ?
I mean, is it processed faster given she's already on the land + husband working..

The H1 process is the same as others applying outside of the US.
You need to take some buffer time of, say, 1 to 2 weeks for LCA approval into consideration, before you file I-129.

I'm trying to find out the best combination possible to get the most chance of getting there.. I was thinking of both applying on DV2008 along with H1B/H4 application running.. I figured out it was still possible to apply on DV when already working under a H1B visa.. is that right ?

There is no problem to apply for DV program and get GC through it when you are on H1.