The spouse and each dependent child must have their own visa. The H4 visas are relatively easy to get after an H1 is issued. The child may also try to get an F-class (or possibly J-class) student visa if they don't qualify for the H4.

No, spouse wouldn`t be working anyway and kids are too small, that`s why I wouldn`t go alone, should that situation arise.

So, do I understand it correctly, that it`s not the spouse&kids Visas that are hardest to obtain, but just the H1-B for me as a programmer ? Is it easier to obtain, if you have 10 yrs of experience ?

Dependents are fairly automatic. The actual H-1B is the problem.

Quote: Original post by VladR
No, spouse wouldn`t be working anyway and kids are too small, that`s why I wouldn`t go alone, should that situation arise.

So, do I understand it correctly, that it`s not the spouse&kids Visas that are hardest to obtain, but just the H1-B for me as a programmer ? Is it easier to obtain, if you have 10 yrs of experience ?

The H1-B is no easier to obtain if you have ten years of experience, even if you do already have a degree. Then again, it's no more difficult if you have a degree without 10 years experience - providing that visas are available. If you only have 10 years of experience you need another two, or you should do an Open University course for a year and have it well documented. You can mix and match part experience and an incomplete degree you just need to document it.

The key thing the immmigration people want to see is that you have an employer sponsor, you are going to be gainfully employed with a decent wage (i.e. you aren't being taken advantage of) and that you meet the minimum criteria.

But again, the key problem for the H1-B is the availability problem. When I got my last one issued I got my application in the day before they closed. That was 2005. Ever since then they have been pretty much oversubscribed on day one of renewal and this is because they used to issue double the amount they do now. This was a temporary thing and it went back to 'normal' levels. There's plenty of fighting going on to up the quota again.

If you can get a H1-B you won't have any issue getting a H-4 for other family members.

If you have ten years experience, it is possible that during that time you might have done certain key things that qualify you for an O. Look at my post above and if you don't have all those things don't be dismayed and you don't need them all. The more you have, the stronger the case with an O.

If you find an employer, get yourself very knowledgeable about all things visa and greencard related and talk to their immigration attorney. These people differ in opinion as to what works and what doesn't. If anything, I've found them to be more conservative than they need to be but I guess they don't want to make promises to clients that they can't fulfill. Ask questions of your immigration attorney too, usually they are very responsive to people who are knowledgeable about the process and facts that help the case take a more advantageous route often come to light during such discussions.

So much useful information! thanks everyone!

I just have another question however..

Quote: Original post by asp_Cost is about 10,000 USD. Something I learned while in the US is that there's always a shortcut to everything and it always involves paying extra.

10,000 USD is roughly £5k, is that the cost to me or to my prospective employer?

Quote: Original post by ArchangelMorph
So much useful information! thanks everyone!

I just have another question however..

Quote: Original post by asp_Cost is about 10,000 USD. Something I learned while in the US is that there's always a shortcut to everything and it always involves paying extra.

10,000 USD is roughly £5k, is that the cost to me or to my prospective employer?

For an employment based visa, it is actually illegal for a company to insist that the prospective employee pays. That doesn't mean to say it doesn't happen because there are still companies out there taking advantage of desperate folk from third world countries. However for a regular game development job you shouldn't not have an issue and the employer will be talking to you with the expectation in mind that they will pay.

There are exceptions to this rule however:

- If you are to use premium processing to expedite applications then it is not illegal for the employee to pay. Most employers will pay this, but if they are not using this service and you want to, then it might be a good idea to ask.

- There are types of employment based visas that do not require an employer. Employment based is a bad word in this instance, but it is merely a categorization of skill based applications so things like the EB-1 greencard fall under this for cases where the applicant is outside of the country with the intention of coming in to continue to be a rockstar/novel prize winner/researcher or whatever. In this case, there is no employer involved of course. BTW, that does imply you can get a greencard without having a job or employer and yes it is possible. It just takes longer, has more risk and processing of the application takes place at the consular level.

edit: adding these exceptions too

- Spouse visa's. Not required for employer to pay, but ask anyone. Some will, some won't.

- Greencards, there are stages of the greencard process for which this does not apply to - both required and optional elements, spouse stuff too. Again, some employers will, some won't.

Immigration attorney's game go into much more specific detail on these points than I can. Ask your prospective employer and their attorney in all cases.

[Edited by - freakchild on March 20, 2008 3:56:29 PM]

Incidentally, to those interested in the H1-B crisis see the following latest news:

1. Rep. Smith (R-TX) introduced H.R. 5642 which would increase the numerical limitation with respect to H–1B non-immigrants for fiscal years 2008 and 2009.

2. Rep. Kennedy (D-RI) introduced H.R. 5634 which would exempt from numerical limitations any alien who has received a Ph.D. from an institution of higher education within the 3-year period preceding such alien’s petition for special immigrant status.

The first item is very similar to the glory years early on in this decade, where quotas were temporarily increased for a number of years. It's good news and is actually a good indication of people trying to do useful things in immigration. Despite the system being bottlenecked, there's been so much reform in recent years and there is always something going on.

The second item is probably less useful, as I'm sure anyone with a PhD would be seeking Alien of Extraordinary ability type visas or greencards anyway. These have higher quotas that are less often exceeded.

Thats what globalism is all about hiring the best qualified candidates regardless of where they are from. I think they should have put more of an emphasis on the fact we are now competing in a global market, that B's and C's no longer cut the mustard

[Edited by - Aiursrage on March 28, 2008 6:10:25 PM]

Quote:
I think they should have put more of an emphasis on the fact we are now competing in a global market, that B's and C's no longer cut the mustard

Immigration should be hard and expensive for the company. Because it goes a long way to show that they really need the employee. Much more so than writing a letter explaining why you need them.

The point is that B's and C's do cut it and that if a company could pick the people they wanted they'd be picking B's and C's because that's where the real salary savings can be done. Top talent will always be paid well and has always been in a globalized market imo.

Isn't it a bit rude to call people "Aliens"..?