What are my options for staying legally in USA?

[Sasemed98 0]

I’m currently in the U.S. on a J-1 visa for a software development internship program, which ends in about 7 months.

Relevant details:

• My dad is a lawful permanent resident (LPR) and could sponsor me, but since I’m over 21, the wait time would be 8–10 years. As far as I understand, I wouldn’t be able to legally stay in the U.S. during that waiting period.

• The company I’m interning with has said they plan to offer me a remote position after my program ends, but I’m not sure they’d be willing to sponsor me for an H-1B right now.

I’d like to know what my options are for staying in the U.S. legally. The most reasonable one I’ve found so far seems to be switching to an F-1 visa for bachelor’s or master’s studies, but I’d like to hear if there are any other good alternatives.

[OldUser 10,281]

Hi, you don't really have many options.

 

You're right, you cannot stay a decade in the US waiting for your father's petition to be approved, as you'd be out of status without anything else.

 

You could try switching to F-1 student visa, but studying for a decade is long, expensive and not always practical.

 

H-1B is an option but it would take a long time to get, and your visa will run out before you get it if you win in the lottery.

 

[Boiler 47,719]

Marriage is the obvious route

 

iT and work visas seem no longer a good match

 

Diversity Visa

[appleblossom 4,681]

6 hours ago, Sasemed98 said:

I’m currently in the U.S. on a J-1 visa for a software development internship program, which ends in about 7 months.

Relevant details:

• My dad is a lawful permanent resident (LPR) and could sponsor me, but since I’m over 21, the wait time would be 8–10 years. As far as I understand, I wouldn’t be able to legally stay in the U.S. during that waiting period.

• The company I’m interning with has said they plan to offer me a remote position after my program ends, but I’m not sure they’d be willing to sponsor me for an H-1B right now.

I’d like to know what my options are for staying in the U.S. legally. The most reasonable one I’ve found so far seems to be switching to an F-1 visa for bachelor’s or master’s studies, but I’d like to hear if there are any other good alternatives.

I’d explore other visa options through your employment. You say they’d offer you a remote position, do they mean based in the US? Why do you think they’d not sponsor you if they want to keep you? Unless they’d be cap exempt H-1B is a lottery and uou wouldn’t be able to start on that visa until Oct next year, so that’s far from ideal anyway. But perhaps explore something like the E2 visa if they’re eligible, do they trade in other countries? 
 

An F-1 will just take a ton of your money and not help in the long term (as you would be unlikely stay on one long enough to get LPR through your father), so I don’t really see any point in that. You’ll still have to return to your home country but just be a lot poorer when you do! 
 

What country are you from? 

[Yareth 204]

Enployment-based is getting increasingly harder as it is under great scrutiny right now. There is also a cap on those visa, it is costly and difficult for your employer. Keep in mind that most (smaller) companies have no idea what they’re talking about and when push comes to shove they’ll drop you like it’s nothing.

 

Also, you can’t work after your J1 expires so chances are high that you won’t have an income for a long time while paperwork is being processed. 
 

Your best shot is finding a USC spouse or waiting for your dad to become a citizen. 

[Sasemed98 0]

1 hour ago, Yareth said:

Enployment-based is getting increasingly harder as it is under great scrutiny right now. There is also a cap on those visa, it is costly and difficult for your employer. Keep in mind that most (smaller) companies have no idea what they’re talking about and when push comes to shove they’ll drop you like it’s nothing.

 

Also, you can’t work after your J1 expires so chances are high that you won’t have an income for a long time while paperwork is being processed. 
 

Your best shot is finding a USC spouse or waiting for your dad to become a citizen. 

 

My dad is going to be a citizen before the end of the year, but I’m not sure that would help me in any way because the wait time would still be 8-10 years.

[Boiler 47,719]

Just now, Sasemed98 said:

 

My dad is going to be a citizen before the end of the year, but I’m not sure that would help me in any way because the wait time would still be 8-10 years.

correct

[Sasemed98 0]

2 hours ago, appleblossom said:

I’d explore other visa options through your employment. You say they’d offer you a remote position, do they mean based in the US? Why do you think they’d not sponsor you if they want to keep you? Unless they’d be cap exempt H-1B is a lottery and uou wouldn’t be able to start on that visa until Oct next year, so that’s far from ideal anyway. But perhaps explore something like the E2 visa if they’re eligible, do they trade in other countries? 
 

An F-1 will just take a ton of your money and not help in the long term (as you would be unlikely stay on one long enough to get LPR through your father), so I don’t really see any point in that. You’ll still have to return to your home country but just be a lot poorer when you do! 
 

What country are you from? 

 

When they said remote they meant for me to return to my country (Montenegro) and work for them remotely.

 

I said I’m not sure that they’d sponsor me for H-1B exactly because of that remote offer - it would be simpler/cheaper for them if I work for them from my country.

 

And you’re right - I don’t really consider H-1B right now because it’s a lottery and I would only start in October. Unless I transfer to a F1 visa just to buy me some more time. I’d look for cheaper colleges or scolarships. 

 

I would like to explore other options thru employment. Can you clarify how would an E2 visa work in my case? I read it’s an investment visa and I don’t really have huge amounts of money to invest. My company imports goods from countries like China but not from my country (Montenegro).

[Crazy Cat 44,953]

23 minutes ago, Sasemed98 said:

Unless I transfer to a F1 visa just to buy me some more time.

More time for what? Don't you have to prove non-immigrant intent for an F1?  I think that is still the case right now.  A dual intent employment visa seems more logical to me.

This administration is not playing with loose rules any more. 

Edited Sunday at 02:43 PM by Crazy Cat

[appleblossom 4,681]

2 hours ago, Sasemed98 said:

I read it’s an investment visa

There are two types of E visa - investment and treaty trade. Apologies, typo above and I meant the E1. 
 

But unless you have very specialist skills and extensive work experience (I assume not if you’re on a J-1 now and looking at doing a degree) then a self sponsored green card isn’t an option, so you would need your company to petition you for any employment based visa. So start by asking then if they’d sponsor a visa for you to stay, if not then at least you know. If they will sponsor it then if H1-B doesn’t work and they don’t qualify for E-1, then see if they have offices outside the US and perhaps an L1 may be an option after a year working for them abroad. 
 

F-1 really isn’t feasible so if employment based doesn’t work then I think you’ll just have to go home and wait out the F2B. 

[milimelo 4,785]

Try diversity visa lottery as well in October/November. 

[Boiler 47,719]

F1 is more a question of can you afford it?