H1-B university job offer and spouse's visa options?

swones
New Member



Joined: 26 Dec 2007
Posts: 1
Location: Scotland

Posted: Wed Dec 26, 2007 11:34 am

 

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I've just been offered a tenure-track faculty position at a university in California. I have a PhD and believe I'll be on an H1-B visa. However, I'm concerned and confused about my husband's visa status. As I understand, he'll be on an H-4 dependent visa which wouldn't allow him to work in the US. My husband has a three-year degree in computer science from a Canadian university and has 7 years of computer programming work experience. Our intent is to move to the US permanently or at least until we obtain Green Cards (depending on how things go and assuming I obtain tenure). My question is: could he switch his visa status to a TN-1 visa once he obtains a job offer in the US? Would this compromise his ability to get a Green Card as my dependent? Or could he get a H1-B visa on his own as a software developer in California? Does the high-tech industry have higher access to H1-B visas in the lottery system? This is a really big issue for us because we don't think we'll be able to to survive in California on my university salary alone. If anyone has any insight into this issue, I would be most, most grateful.

Thank you!

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jbow
New Member



Joined: 31 Dec 2007
Posts: 1
Location: Canada

Posted: Mon Dec 31, 2007 12:17 pm

 

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My husband and I have been investigating similar issue (he is an academic here in Canada but he's applying to US jobs - I am a Geographer specializing in GIS). I found a couple of websites about TN-1 and other visa's that I found very useful (sorry this CanucksAbroad website won't let me post them in a message.something about spam - rather annoying.but feel free to email me jbow-at-consgeo-dot-com and I'll send them to you.

From what I've read I think I will be able to accompany my husband and search for work, obtain a job offer/letter (stating it is temporary 1 year employment) and then return to the border and get a TN-1 Visa. Or try and find a commpany willing to sponser me on a H1-B visa (more difficult probably given the time/money/hassle for the company). From what I've read my husband will be able to apply for greencard during his H1-B time period and then I would automatically (all family members) be granted a greencard (not sure if I believe this last thing but maybe it's true!)

Jacquie

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Jan 07, 2008 2:09 pm

 

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Both of you should be on TNs, it doesn't make sense for Canadians eligible for TNs to be in H status. You can do a TN to green card.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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