want to work in the USA

canadiancitizen
New Member



Joined: 05 Aug 2008
Posts: 4
Location: quebec

Posted: Tue Aug 05, 2008 8:52 am

 

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Hi there,

Im going to marry a guy who is currently on a work permit (H1B visa) in the USA. He has not applied for the EAD or Green card yet. I am a canadian citizen. I checked the occupations list for the TN visa and I do not qualify. I do have a bachelors degree and 5 yrs work exp in Canada. My question is: how can I work in the usa? I know once I marry him I will get the H4 VISA, but what are my options to get a work permit? I heard the cap for H1B visa for 2008 is out, so what are my other options so that I dont have to wait till Oct 09 to work?

Also, would it be better for him to move to Canada? I heard once we marry, he can get the permanent residency in 3 months. Would it be easier for him to find a job in Canada? He is a software engineer.

thanks for your advice in advance!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Aug 05, 2008 10:33 am

 

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You can obviously sponsor him if he's your spouse, does take awhile to get the visa though, have a look at the CIC website.

Whether you can work in the US depends on your qualifications, obviously, if you don't qualify for TN-1 but you do qualify for H-1B, you might qualify for O-1 if you have "extraordinary" abilities.

If you work for an academic institution in certain fields there is no H-1B cap.

Bear in mind even if he got permanent residency in the US, it will be a long time before you can join him, as the I-130 applications for LPRs take 3.5 years according to the AILA.

You could go into the US and do your master's degree, that will give you F-1 for awhile and then once you've got it there is a separate cap for people with US master's degrees and your chance of getting H-1B increases.
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Steve.

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canadiancitizen
New Member



Joined: 05 Aug 2008
Posts: 4
Location: quebec

Posted: Tue Aug 05, 2008 12:10 pm

 

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I have a bachelors degree in Commerce, in Canada I am operating my family business. I thought I would qualify for a TN under management consultant, but im not sure. Any insight about that?

Getting a student Visa is a good option, but do I have to do a masters to get a H1B? is doing a graduate certificate good enough to apply for a H1B under the F-1?

Once im in the US on a H4, can I just apply for the H1B in April 09 or do I have to find a job first and then the company will apply on my behalf?

Im trying to figure out what is the quickest way to work in the US. Do you suggest anything else?

thanks!

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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 57
Location: Waterloo

Posted: Tue Aug 05, 2008 9:14 pm

 

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If you marry him before he gets his green card, then you are able to get a green card at the same time as him. It's only if he gets his green card prior to your marriage that you will have a long wait.

If he has a Master's or better, and his employer will sponsor him for a green card, he should be able to get it in less than a year, since the EB-2 is current. And then you would get yours at that time, if you marry before then.

If he only has a Bachelor's, it could be 3+ years before he would get it.

BTW, you probably can't qualify for an H-4 unless you have at least an opposite-sex common-law relationship (or an opposite-sex marriage). Anything other than that, you can still enter on B-2 status, but it's a pain as you need to renew every 6 months.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Aug 06, 2008 10:10 am

 

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B-2 for "co-habiting partners" is unlimited, helps if you enter at the same time as the primary visa holder as it shortens the conversation with USCIS.
_________________
Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Thu Aug 07, 2008 3:07 am

 

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but then you can't work on a B2 can you ?
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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 57
Location: Waterloo

Posted: Thu Aug 07, 2008 10:34 am

 

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No, but you can't work on H-4 either.

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canadiancitizen
New Member



Joined: 05 Aug 2008
Posts: 4
Location: quebec

Posted: Mon Aug 11, 2008 1:06 pm

 

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thanks for all your advice guys!
My fiance is on an H1B right now, he has not applied for the Green card or the EAD. If he applies for EAD after we get married, can we receive it together? or does that only apply to the greencard?

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