The H4 visa is issued to the spouse and children (below the age of 21) who are dependents of the H1 B visa holders. As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse. The H1B visa holder is usually sponsored by an employer, and the H-4 EAD (Employment Authorization Document) rule allows spouses of H-1B visa holders to work in the United States. While living and working in the US, you should try and operate your own business so that you can demonstrate a successful business history for migration to Australia. A 188 Business and Investment visa in the Business Innovation stream needs you and/or the spouse to have a certain amount of business and personal assets (AUD $1.25 million) as well as demonstrating certain ownership and turnover levels in an eligible business in at least two of the last four fiscal years. You also need to score a minimum of 65 points on the business points test, and need to be aged under 55. This visa category may be something that you can aim for, and will involve future planning to meet the requirements. The short period of time it will take to meet the eligibility requirements is negligible compared to the waiting time for a green card.
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How can foreigners who are stuck in the green card backlog in the US apply for permanent residency pathways in Australia?
I'm an Indian national currently on H-4 visa in the US with my family. We would like to get the Australia permanent residency as part of our own Plan B in the case we remain stuck in the green card backlog for many years. What options would you advise us?
Answers
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If there is a US business, then make yourself the head of the Australian arm and start there on a 188 visa to Australia.
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You can apply for Australian permanent residency irrespective of whether you have applied or hold visas of another country, as long as you meet the requirements. Each visa category has specific requirements that must be satisfied. Visas that lead to permanent residency such as the general Skilled Migration visas have an age limit of 45. Although the Global Talent Visa does not have an age limit, the applicant must have an internationally recognized record of exceptional and outstanding achievement in their profession, or sport, the arts, academia and research. Holding or having applied for another country's visa does not bar one from applying for the Australia visa.
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There are a number of options for Australian PR based on your skills, background, circumstances and finances.
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Visa options for permanent residence include an Investor & Business visa, Skilled Migration, Global talent visa or you start with a Student visa.