Help! Information Needed

[Gigglesngrins 0]

Just curious how fast employers can get a work visa in place. My fiance's company is desperate for people and now we are thinking of approaching them about hiring me....just wondering how fast they could get a visa in place as opposed to the K1 process....

[luvaLimey 0]

In order for them to hire someone from outside the US, employers have to prove that they cannot hire someone from within the US for that job. This means they have to advertise the vacancy for a certain amount of time before they can file the paperwork for you, but once they do, the work visa could be yours a lot faster than going through the K-1.

I really don't know how it works with adjusting status from a work visa, though. Your best bet would be to check out the USCIS site, and/or talk to a lawyer about that.

Edited July 7, 2006 by luvaLimey

[mozplay 28]

I don't know how accurate this is, but I heard somewhere that the gov't has a set number of work visas that are doled out each year and that number has been met. If I am wrong, I apologize a hundred times over, but it may be something to check into.

[meauxna 15]

If it is a professional position, look up TN visas. They are not dual intent, so I don't know what that would mean. You would want a lawyer for this. TNs are available to Canadians & Mexicans as part of the NAFTAgreement.

I can't think of any other work visas that are faster than a K-1.

[vartan 0]

The base H1B's have been all filled for the year yes, as far as the other types like advanced degree (masters +), and all the crazy stuff, like world renowned scientist (something like that), athlete, model, etc they still have openings.. I will tell you from experience it is not easy to get a work visa in the US my fiance has 2 masters, perfectly fluent in english, chinese,and taiwanese and there was always someone here that they said "could take the job" But I don't suggest not trying or having this discourage you in any way.. just me grumbling because my fiance had to go back to Taiwan because she couldn't find a job willing to offer a visa.

below is their announcement about work visas

http://www.uscis.gov/graphics/publicaffair...ap_060106PR.pdf

Edited July 7, 2006 by vartan

[Gigglesngrins 0]

Thanks everyone for the replies. Really, it's very preliminary at this point and I'm just looking at options. His company has been looking a lot for a while and just aren't finding people to fill the positions and we aren't even 100% sure they would be interested in hiring me but thought the option may be a good one. His company works a lot with people from Japan and they are always going to the U.S. to work in affliation with the U.S. offices. The type of visa I think they would have to look at is the H2B visa due to my lack of college education. I'm not sure though. Really, it comes down to them having to do the leg work if they want to hire me. I have a friend whose mother works for a corporate immigration lawyer and he is going to send me some information. I just thought it might be a good option and also would prevent me from having to wait to get a job when I get there.....time will tell though.

Thanks again!

[Gigglesngrins 0]

Just an additional side note. After looking around on the net for a long time this weekend....I am thinking it may not be too terribly difficult to get a work visa because I am Canadian so I may fall under the TN visa classification due to NAFTA. For now it's just wait and see if my fiance's company is really and truly interested but I am keeping my fingers, toes and eyes (okay, maybe not the eyes) crossed that we may get to be together sooner, without the stipulations of the K1 and that I will have employment soon.....

HUGS!

[meauxna 15]

G&G,

Check out the phrase I dropped in there.. TN is not a dual intent visa; you may not be qualified for it if you are an intending immigrant (you are).

Be sure to check with a lawyer before you make a move.

[Gigglesngrins 0]

Meauxna:

Thanks! I will admit, some days, I'm a little slow off the hop and with the number of hours I have been working, my brain slows down about this time of day. As I mentioned before, Daniel's company deals with immigration a lot so I will probably be putting the ball somewhat in their court as well as checking with my friend's mom. It's silly to think that I may not qualify for a TN visa. Here I am trying to be a contributing member of society and no trouble to the government at all and I may hit walls anyways. Hey, if some people are right on here (won't find out until tomorrow if they are) my application may be lost for my K1 anyways so the government may not know that I am intending on immigrating How has life gotten so confusing?

[meauxna 15]

hmm, why do you think your application might be lost? It does take up to 4 weeks for the first NOA receipt, if that is what you are waiting on.

btw, the I-129f is not what establishes your immigrant intent. It's deep in your little dark heart.

As for life's confusions and complications---don't talk to me! I just survived shopping for a digital camera, but only barely. EVERYTHING is too hard these days! <g>

Oh, and I already had my rant for the day on how stoopid it is that K-1s can't work for so long---totally counterintuitive!

[Gigglesngrins 0]

ARG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

So here's a whole new frustrating. Daniel was checking into our application yesterday (he's been away from the office thereby trusting that my application wa mailed as instructed) and low and behold they have no record of it being shipped and no application to be found anywhere. I am so disheartened by this. We've decided that what we will do is wait a few days and see what his work has to say to see if there's a job offer and visa possibility there before sending our application again.

I just want to cry.

[jhags 0]

I guess it would depend on how quickly you want to be with your loved one at this point. The k1 process is slow going with the backlog right now but it is probably your safest bet to actually being together sooner.

The current Worker Visa class is capped out and they will not accept anymore applications until April 1, 2007 with the earliest start date of October 1, 2007. With that being said without a degree or some other very fancy qualifications it appears that its very tough. There are exemptions to this but in order for them to apply you MUST have an advanced degree for this to be an option.

I have researched alot of this being Canadian and falling under the TN visa and the company I work with allows temporary exchanges setup under this....but again its an extremly LONG term process and then trying to change status or get married after your there is another thing as well!

I hear your on the long wait for this stuff too....due to the changes I have been waiting around 125 days now to get a NOA2 from CSC for the K1 visa but I think it may be your best bet to stick with and fight it out!

Good Luck!

[meauxna 15]

So here's a whole new frustrating. Daniel was checking into our application yesterday (he's been away from the office thereby trusting that my application wa mailed as instructed) and low and behold they have no record of it being shipped and no application to be found anywhere. I am so disheartened by this.

Get a grip, now.

There is usually NO record in the system for about 4 weeks---you are asking for something that does not exist. Don't cry now, you're just getting started. Courage!

[Gigglesngrins 0]

Meauxna:

HI! Sorry I lost it there previously....wasn't really feeling myself this week at all. So our application is officially lost...not by Fedex or USCIS but by my fiance's work...they can't find the darn thing. Now we are stuck waiting until probably August 1st to try again on this. BUT....on a kind of decent news front...his boss and boss' boss want to hire me And they are aware that will mean a visa of some description for me to work. They need to talk to HR still so it's not for sure but we have fingers and toes crossed. I am still waiting for some information from my friend's mom (who works for an emmigration/immigration) lawyer but time will tell. We just have decided it's best to hold off on the K1 for now til the work thing is a definite no go....

Thank you for the support, it is so greatly appreciated.