4 ms·

I have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a

by Permit 6y ago

I have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a TN visa. I can choose to relocate any time from January to July. I would like for my wife to be able to work in the United States. My understanding is that if I get on an H1B visa she would be able to get an H4 visa that allows her to work. My question: Since the H1B is a lottery, is there any advantage to me moving to the USA ASAP (Jan/Feb) so I can try to get in the lottery for 2021? Or would that be too late and I would probably end up waiting for 2022's lottery anyway?

groundedgoose 6y ago
Your spouse can't work in H4 visa
- Permit 6y ago
  Thanks! I must be misunderstanding something then. I was going off: https://www.path2usa.com/h4-dependent-visa https://www.path2usa.com/h4-dependent-visa > An H4 visa allows visa holders to: > Get a driver's license > Pursue education > Open bank account(s) > Become eligible for an ITIN (Tax ID for IRS Tax purposes) > Work in the US Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?
  - returningfory2 6y ago
    You need to have an approved I-140 immigrant petition for your spouse to qualify for H-4 based employment authorization. However, if your or your spouse's country of birth is also Canada, then at the present time you and your spouse can file for green cards concurrently with the I-140. Both of you will receive work authorization via these pending green card applications. So the H-4 employment case wouldn't be really relevant to you. That program exists for people born in countries whose green card lines are backlogged, and who can't file for green card with their I-140.
    - proberts 6y ago
      That's right, H-4 work authorization is limited to those with a spouse with an approved I-140 from a backlogged country (that is, India and China) and category.
Izikiel43 6y ago
Have you considered getting an L1? It would tie you to that company until you get GC, but your wife would be allowed to work under the L2 partner visa.

by Permit 6y ago

groundedgoose 6y ago

Your spouse can't work in H4 visa

Permit 6y ago
Thanks! I must be misunderstanding something then. I was going off: https://www.path2usa.com/h4-dependent-visa https://www.path2usa.com/h4-dependent-visa > An H4 visa allows visa holders to: > Get a driver's license > Pursue education > Open bank account(s) > Become eligible for an ITIN (Tax ID for IRS Tax purposes) > Work in the US Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?
- returningfory2 6y ago
  You need to have an approved I-140 immigrant petition for your spouse to qualify for H-4 based employment authorization. However, if your or your spouse's country of birth is also Canada, then at the present time you and your spouse can file for green cards concurrently with the I-140. Both of you will receive work authorization via these pending green card applications. So the H-4 employment case wouldn't be really relevant to you. That program exists for people born in countries whose green card lines are backlogged, and who can't file for green card with their I-140.
  - proberts 6y ago
    That's right, H-4 work authorization is limited to those with a spouse with an approved I-140 from a backlogged country (that is, India and China) and category.

Izikiel43 6y ago

Have you considered getting an L1? It would tie you to that company until you get GC, but your wife would be allowed to work under the L2 partner visa.