5 ms·

This proposal is ridiculous! They are offering the possibility to work after 6 years of H1B or in early phases of Green card process. - Their intent doesnt see

by datacog 12y ago

This proposal is ridiculous! They are offering the possibility to work after 6 years of H1B or in early phases of Green card process. - Their intent doesnt seem to be providing Spouses with opportunity to work, but instead prevent dropouts of those people who get fed up of the process and either go back home or apply for Canada PR. I know few such people myself - Important point: During the 4-6 years when the spouse cannot legally work, either they have given up on their career or have already signed up for a graduate program in order to get an F1. It is basically useless to offer jobs to someone after 6 years of being jobless and they have very very less competitive advantage unless they have a made a productive use of time by doing stuff such as freelancing and pro-bono work. - Dependents of L1 visa (L2) are allowed to work on EAD, I dont understand why it is so complex for H4's. - Another effect of this would also mean that the govt might not consider increasing the CAP for H1B next year, but rather try to retain the exising H1B's and try to get their green card done. So, although this change seems optimistic, it isnt that helpful (I myself was very excited after I first saw this)

tn13 12y ago
People with L1 can not change their jobs. They also supposed to be transferred employees and not temporary workers.
jdcryans 12y ago
I don't think it's ridiculous, and the current 97k H4s that will now be able to work are probably pretty happy about it [1]. Regarding the L2s being able to get their EADs but not the H4s, keep in mind that the latter are not the only ones in this situation, it's the same thing with TN/TD. And then you have the E-3 spouses (Australia) who _can_ get their EADs[2] :) I think that the problem is that each visa/work status was created separately, so it's more than just a case of "since it works for this one, why doesn't it work for this other one". I agree with you that this current situation is ridiculous but I'm happy that they start addressing those issues, even if piece by piece. 1. http://recode.net/2014/05/06/congrats-h-1b-spouses-you-can-get-back-to-work-soon/ http://recode.net/2014/05/06/congrats-h-1b-spouses-you-can-g... 2. http://en.wikipedia.org/wiki/E-3_visa http://en.wikipedia.org/wiki/E-3_visa
- datacog 12y ago
  I'm happy too that they have atleast started addressing this. But atleast no immediate benefit for someone who are just into their H1.
  - jdcryans 12y ago
    Ah I see where you were coming from, so you're saying that it's ridiculous since most spouses probably gave up/found something else to do, and those who would really benefit from a relaxed rule are those who just got their H1. The way I see it, in the best case scenario a spouse can now get an EAD in 2 years (1 year before starting the GC process, 1 year to get the PERM and the I-140). Still far from being able to work right away, but progress nevertheless.
    - datacog 12y ago
      Yes. Thanks. Thats what I meant. To add to it: "Just got their H1.. and have a spouse on H4". An efficient marriage strategy considering this proposal would be to get married after you are ~4-5 years into your H1B, and marry somewith with a STEM background. Now those would be very stringent marriage norms :)
cesarbs 12y ago
> or apply for Canada PR Just curious, can someone apply for permanent residency in Canada without being there in the first place? If that's how it works I'll definitely consider that option. > unless they have a made a productive use of time by doing stuff such as freelancing H-4s cannot freelance. My wife is on H-4 and we felt quite disgruntled when our immigration attorney told us that. Basically, she can only do volunteer work. She cannot have income from any kind of work.
- e15ctr0n 12y ago
  Permanent residency in Canada is points-based and not petition-based like the US. You should definitely consider it. http://www.cic.gc.ca/english/newcomers/about-pr.asp http://www.cic.gc.ca/english/newcomers/about-pr.asp
  - cesarbs 12y ago
    Hmm, I went thought the questionnaire but I need to have had Canadian work experience to apply for PR. Still, it seems much easier to go there and stay permanently... From what I understand, if you work there for 2 years, you can ask for PR, then after 5 years living there you can apply for citizenship. Compare that to the US, where I'll probably have my Green Card in 4-5 years and then will have to wait another 5 years until I can apply for citizenship.
- datacog 12y ago
  Yes, freelancing might not be exactly legal. Lot of people still do it. IANAL, but I think it is legal to work for a foreign company from US, as long as the company is in no way associated or affiliated to US. Someone please correct me if wrong.
  - cesarbs 12y ago
    It's not, we checked that before coming to the US. My wife was a performance engineer in our home country, and there was some discussion about her keeping her job and working remotely, but our immigration attorney said that would be illegal.
ulfw 12y ago
6 years without a job and let's not forget - with zero US work experience. Good luck getting taken seriously when you're applying for anything more than a low level job at that point.
deleted 12y ago
[deleted]
harichinnan 12y ago
USCIS doesn't offer jobs. Just a work permit. They will interview for jobs like everyone else and have a chance of getting employed. It's just that instead of making it illegal, they are now issuing permits.

by datacog 12y ago

tn13 12y ago

People with L1 can not change their jobs. They also supposed to be transferred employees and not temporary workers.

jdcryans 12y ago

I don't think it's ridiculous, and the current 97k H4s that will now be able to work are probably pretty happy about it [1]. Regarding the L2s being able to get their EADs but not the H4s, keep in mind that the latter are not the only ones in this situation, it's the same thing with TN/TD. And then you have the E-3 spouses (Australia) who _can_ get their EADs[2] :) I think that the problem is that each visa/work status was created separately, so it's more than just a case of "since it works for this one, why doesn't it work for this other one". I agree with you that this current situation is ridiculous but I'm happy that they start addressing those issues, even if piece by piece. 1. http://recode.net/2014/05/06/congrats-h-1b-spouses-you-can-get-back-to-work-soon/ http://recode.net/2014/05/06/congrats-h-1b-spouses-you-can-g... 2. http://en.wikipedia.org/wiki/E-3_visa http://en.wikipedia.org/wiki/E-3_visa

datacog 12y ago
I'm happy too that they have atleast started addressing this. But atleast no immediate benefit for someone who are just into their H1.
- jdcryans 12y ago
  Ah I see where you were coming from, so you're saying that it's ridiculous since most spouses probably gave up/found something else to do, and those who would really benefit from a relaxed rule are those who just got their H1. The way I see it, in the best case scenario a spouse can now get an EAD in 2 years (1 year before starting the GC process, 1 year to get the PERM and the I-140). Still far from being able to work right away, but progress nevertheless.
  - datacog 12y ago
    Yes. Thanks. Thats what I meant. To add to it: "Just got their H1.. and have a spouse on H4". An efficient marriage strategy considering this proposal would be to get married after you are ~4-5 years into your H1B, and marry somewith with a STEM background. Now those would be very stringent marriage norms :)

cesarbs 12y ago

> or apply for Canada PR Just curious, can someone apply for permanent residency in Canada without being there in the first place? If that's how it works I'll definitely consider that option. > unless they have a made a productive use of time by doing stuff such as freelancing H-4s cannot freelance. My wife is on H-4 and we felt quite disgruntled when our immigration attorney told us that. Basically, she can only do volunteer work. She cannot have income from any kind of work.

e15ctr0n 12y ago
Permanent residency in Canada is points-based and not petition-based like the US. You should definitely consider it. http://www.cic.gc.ca/english/newcomers/about-pr.asp http://www.cic.gc.ca/english/newcomers/about-pr.asp
- cesarbs 12y ago
  Hmm, I went thought the questionnaire but I need to have had Canadian work experience to apply for PR. Still, it seems much easier to go there and stay permanently... From what I understand, if you work there for 2 years, you can ask for PR, then after 5 years living there you can apply for citizenship. Compare that to the US, where I'll probably have my Green Card in 4-5 years and then will have to wait another 5 years until I can apply for citizenship.
datacog 12y ago
Yes, freelancing might not be exactly legal. Lot of people still do it. IANAL, but I think it is legal to work for a foreign company from US, as long as the company is in no way associated or affiliated to US. Someone please correct me if wrong.
- cesarbs 12y ago
  It's not, we checked that before coming to the US. My wife was a performance engineer in our home country, and there was some discussion about her keeping her job and working remotely, but our immigration attorney said that would be illegal.

ulfw 12y ago

6 years without a job and let's not forget - with zero US work experience. Good luck getting taken seriously when you're applying for anything more than a low level job at that point.

deleted 12y ago

[deleted]

harichinnan 12y ago

USCIS doesn't offer jobs. Just a work permit. They will interview for jobs like everyone else and have a chance of getting employed. It's just that instead of making it illegal, they are now issuing permits.