Immigration Issues/US Immigration

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Question
Hi there..

I have a question and I was wondering if you could help me. Here's the story...My soon-to-be husband is going to Buffalo to do his masters in physiotherapy. We currently reside in Toronto, Ontario and we both are Canadian Citizens. What I'm wondering is that if I go with my soon to be husband to the United States, can I get a work permit? If I can, do I have to find a job first before getting a work permit or can I get a work permit since my husband will be in the United States studying and I want to stay with him.

Also, if I wanted to apply for immigration to US what do I do? Is it possible? Oh yeah, I should give a brief background...I'm 23 years old (my soon to be husband is 24 years old) and I have completed a Bachelor of Arts (HONS) specializing in Business and Marketing. I'm currently working at a permanent position right now as a secretary.

Thanks for all your help!

Linda

Answer
Hi Linda,

Your husband will be studying in F-1 visa status, and you will be accompanying him in F-2 status. F-1 status allows for on-campus employment only, and up to one year of "practical training" upon graduation. Unfortunately, F-2 status does not allow for any employment at all.

If you find an employer in the U.S., the employer must file an H-1B visa petition for you and then you will be able to change your visa status from F-2 to H-1B. The employer can also file a green-card case for you (your husband will be included automatically) through a process called "labor certification". The problem arises in finding an employer to support you in filing these petitions.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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