Wife H1B holder since Oct,2015. Want to get dependent Visa to work in US.

USA L1, L2 Visa
1

Me and my wife works for world’s one of the top 3 IT companies.

My wife’s H1B got selected last year, my H1B has not been selected second year in a row. I heard that dependents can now work in US.

Kindly let me know-

  1. How do I apply for a dependent VISA?

  2. Do I have to face any lottery kind of procedures?

  3. Will I be able to work in any IT farm or there are certain restrictions that I have to face while seeking a job in US? What are the restrictions (if any)?

Thanks in advance …!!!

2

Dependents on H-4 can work only iff H-1 holder has received I-140 approval as part of green card process, or H-1 holder is now in 7th year of H-1.

So you won’t be able to get H-4 EAD anytime soon. Getting I-140 approval would take at least 2 years.

3

Thanks a lot Saurabh. !!

I just came to know that H1B holder can go to Canada to upgrade the VISA to L1 and then the dependent can work in US.

Is it that easy OR there are hidden consequences??

Thanks in advancve Saurabh,…

4

Do you qualify for L-1 visa? If yes, then this is an option. If not, then it’s not.

To qualify for L-1:

  1. You need to have worked for L-1 sponsoring employer for at least 1 year outside US in past 3 years
  2. Your job should require use of employer specific tools, skills, expertise and knowledge which is not commonly known outside US

Also, typically salary on L-1 is lower than what is offered on H-1, but working spouse on L-2 EAD can make-up for the difference.

5

Hi Saurabh,

Thanks for the reply.!
I was talking about my wife who is a H1B visa holder. Can she go to Canada and apply for L-1 visa?
She is working in US since Oct,2015.

Thanks again…!

6

Same L-1 requirements for your wife. If she qualifies for L-1, she can go for it and you can get L-2.

Does she qualify for L-1?

7

Thanks!

I think yes, she qualifies for L-1, as she and me both are working for the same employer since 2010. She is working in US since Oct,2015.
Also, we both work in JAVA and with latest technologies along with leadership skills…

Will this be enough…Pls let me know… thanks again.!

8

Maybe. Accurate answer will be provided by your employer/attorney who can look at the detailed job description etc.