Enter to work on other visa while waiting for DV outcome?

[OnTheGo]

Is it possible to apply and enter the US on any type of temporary employment based visa** after we have been selected as winners in the DV2014 lottery? I seem to remember having read here and there in this forum that this might cause problems due to some bureaucratic limitation that essentially states that by applying for a non-immigrant visa category one is to show a "non-intent" to immigrate ... well, of course we have that intend, but naturally not based on this other visa type but solely via the DV route. So does one exclude the other?

(**I'm just guessing H-2B or L-1B from the big list of visas might apply to us)

Also, say my wife was given an opportunity to work on a temporary contract in her employer's US subsidiary (which frequently happens), would I as her husband be allowed to work in the US, too?

 

[Britsimon]

The concept of dual intent allows certain temporary visa holders to be applying at the same time for immigrant status. The only visas that allow dual intent are (I believe) the H1A, H1B and L visas. H1B visas are exhausted for 2014.

If your wife were on an L1 visa (intracompany transferee) then yes you could work in the States. This is NOT the same for H1 visas (spouses of H1 get an H4 and cannot work in the States).

 

[OnTheGo]

Just found this comment here by Britsimon ... stating that H or L type visas in conjunction with a DV visa might be okay...'dual intend' would be allowable. Is there some reference to this on the USCIS website confirming that? I couldn't find any relevant info there.

 

[OnTheGo]

Thanks Simon...haha...the Internet 'vibe' connected us here for a moment ... I literally posted my previous comment while you were typing yours
I am not entirely sure about the differences between the various H and L visa types...it seems a H1B requires a position where "the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree." ... well, I don't think my wife's job requires a Uni degree (but she has 20+ yrs work experience), it's just a Customer Service type position in a logistical function.

I couldn't see a H1A visa type listed on the USCIS website...what is that, compared to H1B?
Also, do you know when a "H-2B Temporary Non-Agricultural Workers" class applies?

 

[Britsimon]

Thanks Simon...haha...the Internet 'vibe' connected us here for a moment ... I literally posted my previous comment while you were typing yours
I am not entirely sure about the differences between the various H and L visa types...it seems a H1B requires a position where "the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree." ... well, I don't think my wife's job requires a Uni degree (but she has 20+ yrs work experience), it's just a Customer Service type position in a logistical function.

I couldn't see a H1A visa type listed on the USCIS website...what is that, compared to H1B?
Also, do you know when a "H-2B Temporary Non-Agricultural Workers" class applies?

LOL - yeah spooky.

H1A

Registered nurses for temporary employment

H1B

Persons in specialty occupations that require a college or advanced degree; artists, entertainers, athletes and fashion models of distinguished merit and ability (may include persons assisting in their performances)

H2A

Temporary or seasonal agricultural workers

H2B

Persons filling temporary jobs that cannot be filled by US citizens or residents

L

Managers or executives of multinational corporations, transferred to the company's US office, that have a minimum of one years’ experience with the company

H1B is generally highly qualified or skilled individuals (Doctors, Programmers, Artists). Customer services functions wouldn't generally qualify. However, as I mentioned the supply of H1Bs was exhausted in days this year and there was even a lottery draw to see who would get processed. I was lucky enough to get selected for that also - we found out the day before the DV selection!

L1 visa tend to be senior managers - but that might be the best avenue open to you if your wifes company is amenable.

Realistically though - do you NEED to get to the States that soon? Visas are expensive and a big hassle - since you'll have your GC soon - why not just wait and get well prepared to move as soon as you are approved on the DV route.

 

[OnTheGo]

[...] the supply of H1Bs was exhausted in days this year and there was even a lottery draw to see who would get processed. I was lucky enough to get selected for that also - we found out the day before the DV selection!

---> You are one lucky man!! Good onya!!

L1 visa tend to be senior managers - but that might be the best avenue open to you if your wifes company is amenable.

--->Yeah...but the L1 visa gets split again into L-1A and L-1B, with the latter being for "Intracompany transferees in positions utilizing specialized knowledge." (so not necessarily managerial or senior positions, afaik).

Realistically though - do you NEED to get to the States that soon? Visas are expensive and a big hassle - since you'll have your GC soon - why not just wait and get well prepared to move as soon as you are approved on the DV route.

---> Now that I understand this dual intend thing and the various visa classes better, I think you might be correct ... seems like way too much hassles and costs to be going through. Actually, we would just rather be leaving the country (again) asap...we could be moving (back) to AUS until the DV application is sorted out...but hopping continents that frequently with all the associated efforts is another thing.