Canadian in love with America...help?

[audreymanninen]

Ok people. I have been doing so much reading and am so confused.

I am a 28 year old Canadian. I fell in love with an American and I just went to visit him for the first time. We've decided that I am going to move in with him and look for work (something is already in the works at one of the universities there).

I spoke with USCIS and they informed me that I am to apply for an H1B Visa. First, I have to find an employer willing to file an 1-129 (petition) for me. Once it is approved, I am mailed my paperwork and bring it to customs when I cross over.

Now, I have some questions about this that I just can't find answers for and they just keep giving me more phone numbers to call:

1 - Do employers actually ever do this? lol It seems like a huge pain in the butt

2 - How long does this process take? I am assuming a month or so?

3- Can I be IN the USA when it is approved and just start working from there?

4- Is there an easier way to do this? Fiance visa?

Thanks , any advice would be greatly appreciated.

[CalGreenCard]

1 - Do employers actually ever do this? lol It seems like a huge pain in the butt

Yes they do. There are no more H-1B's available in general because of the quota until October, but if the employer is a university, there might be an exception to the quota. Also most universities will be somewhat familiar with H-1B visas--not necessarily everyone at the school, but they will definitely have an international office which handles visas if they have a significant number of foreign students/scholars.

An H-1B visa normally requires that it be some kind of professional position.

A TN visa might also be an option and is faster but depends on your occupation.

If you are working for an employer that IS subject to the quota (cap), there are no more H-1B visas available until October--and the quota will be allocated in April. In that case the TN visa may be the only viable option (if you qualify).

2 - How long does this process take? I am assuming a month or so?

Probably about two months for an H-1B if you are exempt from the quota. Same day at the border for a TN.

3- Can I be IN the USA when it is approved and just start working from there?

Yes, under certain circumstances, but what you can't do is lie your way into the country and then do something different after you arrive. If you say you're coming to visit your partner for two weeks, and then you end up applying for a work visa, that looks pretty suspicious. If you are already here and your plans have legitimately changed after arriving, it may work--but talk to a lawyer.

4- Is there an easier way to do this? Fiance visa?

A fiance visa is an option but isn't going to be any faster to get and certainly no easier--but of course if you do indeed want to get married and stay here permanently it may be the way to go.

[audreymanninen]

oh my you are a wealth of knowledge, thank you so much. there is really so many different things to consider and it's nerve-racking to know that if you mess one little thing up, you may have to start all over again. I will look into a TN for sure...thank you for telling me about the H1B cap!

I would like to get down there asap. Will be moving in with my partner.

thanks again!

[Steven]

1) Given the economy in the US at the moment it would be hard. Speaking from my own H-1B experience it is a ton of hassle. If you're working for an "academic institution", which means a post grade 12 college or university, they are exempt from the quota so it is easier to get. TN-1 however is even easier to get if you qualify for it (the criteria is narrower), the problem is that TN-1 requires non-immigrant intent whereas H-1B is dual-intent, i.e. you can enter with the intent to stay. If you actually look at the statistics though for H-1B the overwhelming majority go to people in IT because the IT companies don't mind waiting, whereas other employers generally do;
2) TN-1 is basically instant, you get the job offer letter (which has to meet USCIS requirements to prove you fall into a NAFTA category) from the employer and apply at the POE with proof of your qualifications, basically. H-1B takes longer, if your job is subject to the quota your odds of even getting one are maybe 1 in 3 and they're not issued until after they're allotted in April, deadline for application is October, so you would be looking at a long time unless it's quota exempt. How long quota exempt H-1Bs take to do for Canadians is a bit of an obscure question because Canadians don't need a visa, so yes, I suspect it would be two or three months for the employer to submit the I-129 and to get the I-797;
3) You could be there as a regular B-2 visitor and then change status by having your employer file I-129 for you. If it's TN-1 though it's far quicker just to go to a POE and re-enter;
4) If you're certain you're going to get married and stay in the US, then family-based entries are more straightforward than employment-based entries. It's basically just paperwork and you're not dependent on an employer doing everything in a timely manner.

There are various options: K-1 is the fiancée visa, K-3 is for a spouse, but the quickest method (because it doesn't require adjustment of status after entry) and it's also the cheapest is to get married, and then your husband sponsors you for entry using an I-130. All of these take up to a year to process. You can visit while they're being processed but you have to leave and re-enter when they're approved (and you can only stay a maximum of six months as a visitor).

Another method a lot of Canadians use but it can be a bit messy is to simply go in as a visitor, get married and then apply for AOS. The problem with this one is that you lied about being a visitor when you entered. USCIS seem to not be terribly bothered when Canadians do it, but you run the risk of getting a jobsworth at the interview who holds that against you. So it's not really recommended but a lot of people do it that way.

[audreymanninen]

thanks steve. no, i don't qualify under the TN visa which is so frustrating. hopefully the university it cap exempt but it will still take a while which is frustrating. i guess the best bet right now if to call USCIS and ask them.

[Reba]

the USCIS 1-800 line is useless. We call it the MIS-information line. Its basically just a call centre with a bunch of scripts. If they can't find what you want on their script, they'll just make it up. They're not educated in immigration law, they're basically just trained monkeys.

If the university you're applying to has any foreign employees, they should be well versed in the process for H1B visas and should be able to get it done fairly quickly.

[audreymanninen]

yes, i'm hoping the university will do this Reba. They called me today for a phone interview so I am very excited.

Do u know if I can be in the USA while waiting for the visa to be processed? and then just go back to Canada and re-enter when i get the other form?

And do I need to apply for a social security number after?

[Reba]

I don't see why you couldn't be in the US while the university gets the paperwork together, as long as it doesn't take them more than 6 months to do it.

Yes, you will have to apply for a SSN, you can't get a job without one. Go to the SSA office about 2 weeks after you get your visa, then you'll be in their system and you can get it quick. If you go immediately after getting your visa (you can't go before, as you would not be eligible), then you won't be in the system yet and it'll take them about 6 weeks to verify your status.

Which means of course, it'll be a few weeks before you get your first paycheck, until you get your SSN. Unless the university can pay you via invoice rather than payroll for the first or so pay period.