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IncessIrish

Pending tourist visa to work visa.

By IncessIrish in Tourist Visas

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IncessIrish Newbie

IncessIrish   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Hi all, thank you in advance for your help.

So, I am currently in the US and am waiting for my tourist visa decision. I was on a J-1 visa, which expired in January. I applied for a tourist visa during my grace period(January), but I haven't heard back from USCIS regarding the approval/denial of my application. An agent who helped me apply for my tourist visa just recently informed me that there is a company who is willing to sponsor foreign workers to work for them. He told me to apply even if my tourist visa hasn't been approved, but i'm a little worried because I currently don't have a status. I also have to pay him and the company if I decide to apply for that position. He told me that USCIS just released a statement that the H2B visa has reached it's cap for this year, so I can't apply for a work visa, but he said in the meantime, I can still work under the company legally because the company has an approved labor certificate. He told me I can work legally and wait until October, then apply for a H2B visa. If my tourist visa does get approved, it would be expiring in July. He told me to apply for another tourist visa prior to the expiration of my first tourist visa so I am not out of status. He assured me that I would get approved since it is just a tourist visa.

My question is: If I work for the company now even if I don't have a tourist visa, would it be legal? Should I take his offer?

Any advice helps. Thank you so much!

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Over 90% of the things said by that agent are not true. You are already in a limbo with pending visitor status. You follow that agents approach and you are putting yourself into a even riskier situation.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

My question is: If I work for the company now even if I don't have a tourist visa, would it be legal? Should I take his offer?

No.

Most of the things mentioned by the agent relate to so-called visa mills and pay-to-stay scams by allegedly shady companies\consultancies.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It seems like that lawyer and company are looking for people to exploit.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

hi

when did you apply for a tourist visa? tourist visas can only be applied in country of origin, because you will have the interview in the American Consulate/Embassy in your country

it is to enter the country if you show strong ties that you don't have immigrant intent, which you do

in second place, for a work visa, you don't pay a dime, the company hires the lawyer and pays for everything, this is a scam

you can't work in the US unless you have a valid work visa

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Boiler Grand Master

Boiler   43,431

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Presumably a change of status to B.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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