[anandlav]

Hello All,

I am currently on H4 visa and I recently got an offer fron UN in HR assistant category. My husband is in on H1B Visa, UN is insisting to convert my visa and my spouse visa to G4 visa in order to accept UN offer. As per UN, I and my spouse should be on G4 visa. I have following questions -

1) Is it true that the spouse of the employee should convert to G4
2) Per UN, if my spouse converts to G4 he will not immediately get a work permit, UN will apply for it and it takes around 6 weeks. What will be status of my husband during these 6 weeks, will he able to continue on H1B and can he still work for the same employer
3) Do we both need tp travel outside US for G4 stamping

An early response would be highly appreciated, as I need to respond to the offer within 10 days.

Thanks

[sdhar]

Hi

I am in exactly the same situation. I am on H1 and my wife has been offered a G visa based job by UN. Can you please confirm if you were able to find out if the spouse of the G visa holder also has to necessarily convert to G visa?

Thanks for your help.

[nyskod]

Hi

The short answers to your questions are:

1. Yes. Your husband will need to change status. The US Code of Federal Regulations, 22 CFR 41.24(b)(4) provides:
'An alien... entitled to classification under INA 101(a)(15)(G) shall be classified under the latter section, even if also eligible for another nonimmigrant classification.'

This means that if your husband is entitled to G4 dependent status (which he will be upon you becoming entitled to G4 status), then he must be so classified and admitted on a G4 dependent visa, even if he is eligible for another nonimmigrant visa category. That is, he will not be allowed to maintain his H1B status. The US mission that is processing your G4 visa application will not issue your G4 visa until it has resolved the visa status of your husband, that is, also processes his conversion to G4 dependent status.

You will need to weigh the loss of your husband's G4 status (and your H1 status) with the benefits of taking the UN position (and the required change to G4 status).


2. Once your spouse changes status to G4, he is not able to work until he receives the required employment authorisation (which, as you note, will take between three to six weeks). He will be able to return to work for the same employer once authorisation is received. You will need to consider that the employer may not be pleased about being told that there will be an indeterminate period during which he cannot be employed. My experience has been that it usually takes three to four weeks for it to be processed, but, they do say to allow much longer, so don't rely on the shorter timelines.

3. Yes, you will need to leave the US to change from your present nonimmigrant status to G4 status. Usually the US mission prefers you return to your home country to have the visa issued, although you may find that you can get an appointment to have it changed in one of the missions in Canada.

The same will apply to the second poster.

Hope this helps.

[pd2010]

Hi

The short answers to your questions are:

1. Yes. Your husband will need to change status. The US Code of Federal Regulations, 22 CFR 41.24(b)(4) provides:
'An alien...entitled to classification under INA 101(a)(15)(G) shall be classified under the latter section, even if also eligible for another nonimmigrant classification.'

This means that if your husband is entitled to G4 dependent status (which he will be upon you becoming entitled to G4 status), then he must be so classified and admitted on a G4 dependent visa, even if he is eligible for another nonimmigrant visa category. That is, he will not be allowed to maintain his H1B status. The US mission that is processing your G4 visa application will not issue your G4 visa until it has resolved the visa status of your husband, that is, also processes his conversion to G4 dependent status.

You will need to weigh the loss of your husband's G4 status (and your H1 status) with the benefits of taking the UN position (and the required change to G4 status).


2. Once your spouse changes status to G4, he is not able to work until he receives the required employment authorisation (which, as you note, will take between three to six weeks). He will be able to return to work for the same employer once authorisation is received. You will need to consider that the employer may not be pleased about being told that there will be an indeterminate period during which he cannot be employed. My experience has been that it usually takes three to four weeks for it to be processed, but, they do say to allow much longer, so don't rely on the shorter timelines.

3. Yes, you will need to leave the US to change from your present nonimmigrant status to G4 status. Usually the US mission prefers you return to your home country to have the visa issued, although you may find that you can get an appointment to have it changed in one of the missions in Canada.

The same will apply to the second poster.

Hope this helps.

Hi NYSkod, Anand, Sdhar, others,

I am in the same situation. Were you able to take the position with the UN and process your GC.

Myself and my spouse are working in H1-B. We have I-140 EB2 (india) approved with pd June 2010. Now, I got a full time offer in international organization(United Nation) and wants me(primary) and my spouse(dependant) to convert to G4 visa as it is mandatory to convert to G4 visa to accept offer.

My dependent would like to get the GC under employment.

- Can my spouse work in G4 Visa with his existing employer and apply I-485 when the PD become current in EB2.
- Can me and my spouse change from G4 to H1B anytime.

Also, Kindly advise, How would it be feasible to get GC since UN wants the primary and spouse(dependant) to be in G4 Visa while working in UN.

Thanks. Any advice will be helpful

[lawanwadee]

If your goal is to obtain GC, don't take this job offer.