Needing advice on B2 Visa

[Cathi 5,629]

13 minutes ago, Bear093 said:

Yeah, probably...but worth a try.

Don't get your hopes up, it's highly unlikely.

[Bear093 10]

3 minutes ago, Cathi said:

Don't get your hopes up, it's highly unlikely.

Dang Cathi let's be a little positive 😂😂

[geowrian 22,336]

6 minutes ago, Bear093 said:

Dang Cathi let's be a little positive 😂😂

If that path closes but she decides it's time to marry, feel free to ask again here. That is the path of least resistance.

[Just Paul 4,591]

1 hour ago, Bear093 said:

Dang Cathi let's be a little positive 😂😂

relaistically she has waited too long to stay as she should have figured this out months ago.

[Bear093 10]

Is there any chance for a waiver?

I've been looking around on the J1 forum and they keep mentioning waivers but nothing is clear cut.

[Illiria 980]

7 minutes ago, Bear093 said:

Is there any chance for a waiver?

I've been looking around on the J1 forum and they keep mentioning waivers but nothing is clear cut.

Most likely they are referring to getting a waiver for the two year stay at home requirement that some j1 visas have, unless her visa says it is subject to the 2 year rule then she doesn’t need to worry about the j1 waiver restriction.

Edited September 10, 2019 by Illiria
Clarity

[Boiler 43,850]

Why would a Au Pair need a waiver? Not a HRR situation.

[Bear093 10]

Why couldnt the government make it simple with 3 or 4 visas. Not 100 different ones with multiple waivers and 20 forms to fill out. Jesus. 

 

I dont know. I see people every day that has migrated to the US and think did 95% of those people just marry into citizenship? Theres no way these people went through all these hoops

[designguy 1,179]

2 hours ago, Bear093 said:

Okay. I will look into the EB3 and see what can be done. 

 

Thank you two--- Boiler and geowrian. You have been very helpful

If you have any questions about the EB3 let me know. I’m at the tail end of the process right now. Just waiting for the temporary retrogression to be over 

[Bear093 10]

2 minutes ago, designguy said:

If you have any questions about the EB3 let me know. I’m at the tail end of the process right now. Just waiting for the temporary retrogression to be over 

Thank you for that.

What category are you listed under EB3?

As far as your job prospects... because she would classify as an unskilled worker. She doesn't have any 'true' skill set but is a hard worker.

How difficult was it to find employment with someone that would petition for an alien worker?

[designguy 1,179]

1 minute ago, Bear093 said:

Thank you for that.

What category are you listed under EB3?

As far as your job prospects... because she would classify as an unskilled worker. She doesn't have any 'true' skill set but is a hard worker.

How difficult was it to find employment with someone that would petition for an alien worker?

I am under the Professionals category and have a bachelors degree from an American university. If she doesn’t have at least a BA or is highly skilled she would be under the “Other workers” category. 
 

For me I have a very close relationship with the company (around 25 employees) and they were extremely happy with my work and were very active in the process of sponsoring me. I was not actively searching for a company to sponsor me, it was a natural occurrence after we began working together 

 

The biggest hurdle I see will be the very first step. If you break the EB into three main steps: PERM, I-140, Visa the beneficiary isn’t even really involved until the final step. So you must start by having a company who is willing to sponsor. That in itself is not enough, however, as they will need to be able to prove they were not able to find a qualified American. So where the company is applying from will be a large factor. If it’s in an area with a labor shortage there may be a chance. If it’s in an area with more unemployment then it will be really tough. But again it must start from the employer side. Also keep in mind that it is illegal for an employer to receive any compensation for the PERM process 
 

If an employer started the process today it would take a minimum of 1-1.5 years to do. Keep in mind that she will not be able to adjust status once her current status expires and with then timeline, it would be unlikely to have an I-140 approved prior to her I-94 expiring 

[geowrian 22,336]

11 minutes ago, Bear093 said:

Why couldnt the government make it simple with 3 or 4 visas. Not 100 different ones with multiple waivers and 20 forms to fill out. Jesus. 

 

I dont know. I see people every day that has migrated to the US and think did 95% of those people just marry into citizenship? Theres no way these people went through all these hoops

That is possible, but you would likely either be massively cutting or expanding the number of immigrants per year and/or defeating the purposes of those types of visas.

For family-based visas, it's based on family reunification. Kill those categories, and families stay separated. Combine certain categories, and some people wait years longer (or kill the quotas and you just massively blow up immigration and workloads, timelines, etc.).

For employment-based categories, it's intended to bring skilled workers and temporary workers to fill in-demand or seasonal jobs. There's an incentive to bring more internationally recognized doctors than new programmers than fast food workers. Grouping them all together would not achieve the desired result.

 

How well it all works is very debatable. But there are so many visa options to cover the various circumstances (temporary workers vs permanent workers, immediate relatives like a spouse vs a sibling, etc.).

The breakout for certain countries is due to oversubscriptions - meaning a particular country exceeding the per-country quota. This is to prevent a country or few countries from basically monopolizing a category. They get the same visa with the same paperwork....they just have longer waits due to excessive use by others previously.

 

Waivers are to cover cases where one is otherwise ineligible/inadmissible for a visa. Some visas, like certain J-1 visas, have a 2 year home residency restriction to help minimize people using them as a means to immigrate to the US (they're intended for temporary use, not permanent residency). The waiver permits somebody to immigrate when they otherwise would not be able to do so. Other waivers are for things like previous immigraiton violations, medical reasons, etc.

 

Government = forms. There's a log of everything. It's just a fact of life. Paperwork is honestly the most effectively means of catching and acting upon abuse. You would be shocked by how many people lie about previous spouses, children, etc., and it comes back to them later due to the paperwork.

 

10 minutes ago, designguy said:

Just waiting for the temporary retrogression to be over 

Hopefully Oct. 1 (new FY). Fingers crossed.

[SalishSea 16,978]

4 hours ago, Bear093 said:

Thats the thing... she wants to go through the process, but the way into the united states is kind of ridiculous. 

3 years just to get a green card review? Pfft.

What do you mean?  

[designguy 1,179]

10 minutes ago, geowrian said:

Hopefully Oct. 1 (new FY). Fingers crossed.

October bulletin should be released this week sometime. Really hoping it goes current, or at least up to November 2018 . We started the whole process, ie retaining the lawyers, in September of 2017 so I’ll be excited when this whole process is over!

[SalishSea 16,978]

1 hour ago, Bear093 said:

Why couldnt the government make it simple with 3 or 4 visas. Not 100 different ones with multiple waivers and 20 forms to fill out. Jesus. 

 

I dont know. I see people every day that has migrated to the US and think did 95% of those people just marry into citizenship? Theres no way these people went through all these hoops

The vast majority of immigrants are petitioned for family-based visas.....