how to get visa for spouse

[sathyapriya]

hi all

I like to know that, which visa we have to apply for my husband, if i have H1b visa, either H4 or L1. He wants to work in US too, so guide me the type of application we can file.

[txh1b]

If he has a L1 sponsor and he qualifies, he can go for L1. H4 doesn't allow work.

https://www.immihelp.com/usa-visas/l1/

[C4us]

Recall L1 requires that he have worked for that employer in home country for 1 year before transfer to US. Only his current employer could send him on L1.

[sathyapriya]

hi
thanks for your reply but it is not possible to get l1 from previous company. is it possible to get a job in US and then apply for any visa? please suggest about this

[C4us]

Not on L1 and the H1B quota has been used for 2009. Unless he qualifies for a position at a cap exempt institution, there is no way for him to work in US until Oct 2009 - if he gets lucky in the 2010 lottery.

[sathyapriya]

hi
Thanks. But what you meant by cap exempt. can you explain this in detail. he wont get the H1b 2009 also? i unable to get you. Please could you explain

[txh1b]

hi
thanks for your reply but it is not possible to get l1 from previous company. is it possible to get a job in US and then apply for any visa? please suggest about this

If the person has worked in the company for 1 year or more in the past three years(can be a previos employer also), they can sponsor a L1 for a person in their US office.
Read this yourself. https://www.immihelp.com/usa-visas/l1/

[C4us]

Did he apply for H1B when you did and also get accepted in the lottery? If so, you need not worry about H4 status; you both will come on H1B. If he did not apply or was not selected, he can only apply in April 2009 to begin work in October 2009.

Cap-exempt is for a very limited number of research and educational institutions. What is his field of expertise?

[sathyapriya]

Hi
thanks fro your reply.
But he hasn't applied for H1b. His field of expertise is electrical engg, he is working ina top mnc but we don't know whether they will sponsor(defineteli they won't). What to do? Please can you help on this.