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| Re: UK - US Work Visa Queries, seeking help
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Posted on: Sun, 08 Aug 2004 22:00:55 -0400
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Dan wrote:
> Hi everyone. I'm looking for some advice.
>
> I'm British, 20 years old and work in IT for a well known rail
> engineering company.
>
> My long-term (going on 5 years) girlfriend is American and I intend to
> live with her in the US. I've spent a lot of time with her (although
> only with a standard visa waver for recreational reasons) and have some
> quite impressive long-distance phone bills. Naturally, we're entirely
> serious about our relationship.
>
> I know there is the option of immigration through marriage but, because
> of our age, I suspect the immigration people would be suspicious and
> disallow it.
I'm not an immigration lawyer but as long as the requirements are
fulfilled I don't think you would be denied on the basis of age alone.
> I would like to know, if you don't mind, what my options are for living
> and working in the US. I did try Google, but met page after page of
> confusing form numbers. I thought it might be best to just ask somebody.
>
> I have suitable A-Level qualifications and experience to take on most IT
> tech / web development jobs, and I can get references from employers to
> back me up there. I don't think I would struggle to find a job.
To get an H-1B (work) visa you need a university degree (or the
equivalent in years of experience) and to find a US company willing to
sponsor you. In today's US IT economy many, many people with vast
experience are struggling to find jobs. I have 15 years IT experience
and I don't think it would be easy to find another job if I lost mine. A
British friend I know moved to the US over 1.5 years ago and has given
up trying to find a job in IT (though admittedly he does live in a small
town).
> We're aiming to live in Portland, Oregon, which is quite a large city.
>
> My only concern is that an American employer may choose an American
> employee over myself simply because it is easier and avoids all the
> forms and paperwork. I don't know how much truth there may be to this
> concern.
This is likely to be true because the American employer has to prove he
can't find a qualified American for the job before he can hire you.
> I would also like to know, again if you don't mind, what the process
> would be should I receive a job offer from an American employee. What
> would they, and I, have to do to allow me to take residence in the US
> and begin work for them?
Work visas are by nature temporary (though the H-1B allows "dual
intent"). A work visa is not a greencard. The company applies but there
is a quota by fiscal year. I don't know for sure but I believe all have
been used for this fiscal year
> Many thanks for any help you guys can provide. I will do everything I
> can to live with my girlfriend, I just need a starting point.
I think a K-1 (fiancee) visa would be the fastest way for you to be able
to move to the US and work (assuming you are in the UK now and your wife
in the states). With a K-1 you must marry within 90 days of arrival.
Getting work auhtorization takes a variable amount of time depending on
where you apply. Also, with work authorization after entry as K-1 you
are not "tied" to an employer which I believe is the case with an H-1B.
As I understand it, switching is possible but I've no idea what's involved.
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