umeranyth

Hey SDEngineer,

Check this website out: http://www.h1bvisa.info/h1b_visa_transfer

Should answer all your questions

Best of luck!

Exactly. Since H1B is approved, you'll have COS to H1 status negating whatever pending applications you had on F1 status. You can only be on 1 status all time.

Probably should check with your DSO or an attorney as this is just my opinion. Best of luck!

Hey thanks again.

@angelboo31: The visa-cap is indeed an issue. I have already applied for jobs at academic institutions (both academic and non-academic jobs) but haven't been lucky yet. I will keep trying though, hoping to get at least some response :-)

@caiti92: The j-1 visa is interesting. I have read a little bit about it, but must admit I haven't really looked into that possibility yet. Did your fiance and internship or training for one year? Or could he use the J-1 visa for some kinds of jobs? Until now the transatlantic jobsearch is a little discouraging and I believe you when you say that lots of companies don't want to go through the trouble of visa-sponsorships. I work for a University right now, so there are some possibilities for exchanges, but it would be great to be in Miami more permanently :-)

Hi SimonQ,

Just my two cents on getting an academic job (My H1B was a cap-exempt H1B and I worked in psychiatric research); academia in the US is a huge who-do-you-know game. People applying for jobs already have connections to the people behind the job posting because that's how close-knitted academic circles are. My suggestion to you is find out who within your academic circle of connections knows of someone with a position in Miami. That's the safest bet for a cap-exempt H1B.

I think with a PhD, there are a lot of non-academic industry positions which you could be qualified for. And if anything, the H1B is a sure thing considering your function as a PhD is specialized. I'm not an attorney or anything, but I definitely think a J1 is a good step into getting your foot into the US, and once you're in, there's a lot more options for you (such as applying for permanent residency through EB-2 NIW). Definitely start contacting institutions in Miami about J1 positions even if they aren't actively posting anything on their websites .... you never know right??

Best of luck to you!

so thees absolutely no way I can get a job OFF campus?

Doing so would be illegal, and if you're caught, there will be harsh consequences. Not to mention this will go on your record when you're applying for AOS down the line ...

Your family should consult an immigration attorney experienced in these sort of matters immediately. Check this and other forums for recommendations, there are plenty that are supremely qualified.

Best of luck to you and your family.

OP's whole family is in US, I wonder how he could establish that he is not intending immigrant to the United States during F1 visa application

OP doesn't have to leave the US when he receives his I-20. This means he won't ever have to apply for F1 visa as long as he doesn't travel.

Hello,

So this is my situation.

I submitted i-765 form and other documents in order to get OPT approved and get EAD card

I omitted an information so they sent me rejection letter saying that an information is missing and you are

welcome to resubmit the document.

So here's my questions.

1. What should I check for "I am applying for" question in form i-765? Do I have to check "permission to

accept employment" or "Renewal of my permission to accept employment"?

2. For question 11 in i-765, since i got rejected, I marked as Yes and wrote USCIS office as Vermont.

But i'm not sure what date to put in. Should I put the date issued on notice of action?

What document do i need to attach for Denial of application? A copy of rejection letter that USCIS sent to me?

3. Do i have to copy all my documents again since i got rejected?

Thank you in advance!

This is a question for your Designated School Official (DSO). He/She should have helped you check your documents properly (as any responsible DSO would) to avoid this sort of thing. Please talk to your DSO as soon as possible.

I may be wrong, but I believe that helping you fill out forms may constitute as liability for forum posters and could actually be illegal in certain states.

Again, talk to your DSO about this. Best of luck!

Hi everyone,

I've been looking for free information online to determine whether my husband and I can obtain a US via to live and work there and hopefully settle permanently. I used to live in the Los Angeles area and would like to move back to the country for our future children's quality of life. We currently live in the UK and it's just a bit stuffy over here, too reserved and boring, costs too much to dine out at restaurants, etc.

Here's my husband's info:

He's a Web Developer, employed for around 6-7 years in his field

He has a Bachelor's Degree

He has an Aunt who lives in Colorado, though I don't know if it will be possible for her to sponsor him as they're not immediate family

I don't know what else to include that might be relevant...

Does any of this qualify him for a US work visa? Are there any other avenues we can pursue?

Many thanks for your help!

Just to confirm what other posters have said, H1B would be your best bet, assuming if you can find an employer to sponsor your husband. Good thing is, Web Developers are currently in-demand especially in tech-heavy areas (i.e, Silicon Valley, New York City etc.). Would be best for the both of you to start contacting companies looking for web developers, or even a web development recruiting firm that has experience in placing foreign web developers.

If your husband's current company has a branch in the United States, perhaps he could ask them to transfer to that branch. Assuming he's been working at said current company for at least a year, he'd be able to transfer to that branch without a problem on an intra-company transfer visa (L-visa).

As for obtaining Lawful Permanent Residence (LPR), it's easier said than done. If you thought obtaining a work visa was hard, you've seen nothing until yougo through the process of obtaining LPR through a sponsoring employer (This is the "Employment-Based" category). However, there are Sub-categories within the Employment-Based category and not all sub-categories are created equal .... some are way faster than others. For example, your husband will have to apply in the EB-3 category since he only has a Bachelor's, and going by current numbers provided by USCIS, people who began filing for LPR after the 1st of April in 2011 are still waiting for their green cards to be processed (Though if you were from China/India, the dates extend back to 2008 and 2003 respectively!). However, if he had a Master's, he'd apply in the EB-2 category and going by current USCIS numbers ... there'd be no wait for him at all!

US immigration policy and law is commonly known as 'Alphabet soup' due to the usage of alphabets to describe different visas. If you want to live and work here permanently and marriage is not an option (marriage is, by far, the easiest and fastest route to obtaining LPR as most members on this forum would attest to ), you'll have to start knowing the different ingredients and components that make up this ridiculously complicated Alphabet soup.

Anyhow, keep in mind that this is just my opinion deriving from personal experience of doing exactly what you guys are intending on doing It also helped I had a top-notch legal team helping me. Speaking to an attorney isn't always such a bad idea!

Best of luck!

Hello,

I am from Nigeria and i am planning to attend an 8 week course in USA.

I want to know how long i would be allowed to stay in the USA after the course. It is my first time and i would love to spend 1 month extra for a vacation.

My friend told me that after my Visa F1 expires i have 3 months grace to be in the USA.

I do not want to take changes so i would appreciate a sound and well informed advice.

Kind Regards

C.

Best advice is to ask your Designated School Official (DSO). Every foreign student is assigned a DSO within the university/school regarding immigration procedures. You should definitely get in touch with yours. Seeing as this is a very, very short course period (2 months), only your DSO will know how long your departure preparation period ("grace period") may be.

Best of luck with your studies!

Thank you all for your replies. I agree that changing his ticket to the 14th would be easiest. Unfortunately, the airlines wouldn't allow any changes for the fare he has on his ticket, so he would have to lose the ticket altogether. In addition, he would have to pay twice the original amount for the new ticket... So, when it is the easiest and safest thing to do, it would be the costliest one.

Could you give me a link or help me find the law that says that a person cannot change their status by traveling to Mexico, and re-entering the US using a different type of Visa? Thanks.

Here's a link from Concordia University Irvine: http://www.cui.edu/AcademicPrograms/InternationalStudents/index.aspx?id=23445

So basically, no. Don't try to do anything out of the ordinary.

Best of luck to you both.

I don't think it's our place to pass judgement (be it positive or negative) on what you're about to do ... but I hope you do realize that every action has a consequence ... and please do be aware of what the consequences will be in your situation.

Now on to the specifics!

Once you're accepted into your PhD program of choice, your university will need to send you your SEVIS I-20 form. This form is very important as it is one of the main documents needed when applying for your visa. This is the main problem: where will you be able to receive your I-20 form and other university materials?

As for the visa application, check with your local US Consulate to see if you are able to pick up your passport once they approve of your visa. That way, you won't have to receive your passport in the mailbox.

Other than that, you can basically do everything online. There may be certain things I'm forgetting that could also would need to be sent to you.

Best of luck to you!

Thank you very much for all of the positive and informative replies. I have had my heart set on moving to the USA for a long long time and only recently after returning from a holiday there have I started looking into it enough to know it's not possible to do what I have been aiming to do.

The 90 day visa waiver program is pretty much the only way I can extensively travel the US, but it means quitting a job with excellent prospects for what can only be a 3 month trip, but I will definitely try to do it at least once. Maybe even find a way of combining a 90 day trip with a year straight after in Aus or NZ.

@Harpa Tisma a working holiday visa is exactly what I'm after, I have always just assumed the US did them.. Thanks for your support and your comments about me not being crazy! Same goes for @snag

Good luck! Just remember, millions of people want to move to the United States to live and work. Many can't. Since you have so much time ahead of you, it's best to start planning your route here now if you really have your heart set on moving here.

Again, best of luck to you!

Hi umeranyth, thank you very much for your detailed reply. Your responses have confirmed what I have been reading up so far. As I may unsuccessful for a H1B, filing H1B1 is my next option, but that means I must demonstrate that I have no intention of staying in the US, which is difficult because I am interested in purchasing things here for the long term (more than 1 year). Btw, what is LPR?

I have gone as far as to consider creating a startup, source for partners, hire workers, lease office space and inject capital. One idea is to provide consulting services to my potential H1B employer as a contractor. I was wondering if applying for an E2 using this route is viable, and if anyone can share their experience?

No problem, I hope my reply helped in ways ... although it'd be prudent of you to speak to an attorney still for this is just my opinion

LPR = Lawful Permanent Residence. If you're in the US already, then there is no need for you to worry about demonstrating strong ties to your home country. This is because you're not applying for a visa ... you'll be changing statuses instead within the US (from F-1 to H1B1). Let me break it down a little better: there is a difference between obtaining a visa/stamp and obtaining a status.

A visa/stamp is only relevant if you're trying to enter the US; the visa stamp is that fancy sticker on your passport in which the Visa Officer at the consulate will grill you about strong home ties before either giving or denying you that fancy sticker on your passport.

A status is more relevant as it specifies how you are legally able to be present in this country. This is what your I-20 is for.

For example: the F-1 visa stamp in your passport allows you to enter the US. But what proves your status? Your SEVIS I-20. In fact, you can only get your F-1 Visa if you have a valid I-20 which goes to show you how status dictates whether you'll get a visa stamp.

So to tie all of this together, if you successfully change your status from F-1 to H1B1, you'll receive a I-797 Notice of Action telling you that your petition as been approved. That I-797 form (like your I-20) is very important as you'll need it to get a visa stamp. In fact, I can't stress enough how important it is because it's basically your main proof that you're here legally as a temporary worker, and not as an illegal alien. Now the question is, do you need a visa stamp? Only if you plan on leaving and re-entering the US. *That's* when you will have to go to the consulate to get a visa stamp and have the ensuing officer ask you to demonstrate strong home ties.

I hope that makes it clearer for you on whether you'll be able to purchase things on a longer term Also, H1B1 is renewable every 18 months indefinitely, from what I hear.

As for the E-2, I'm definitely not the person to ask. But is it worth spending all that time, energy, and capital to work for your employer? Only you know the answer to that!

As always, this is just my opinion ... it's best to consult an attorney! Best of luck and let us know what happens!

Not eligible for TN unfortunately.

He and his wife are packing while quickly job searching ;-(

What is his job, if you don't mind me asking?

He can (self-)petition for either an EB-1 and/or EB-2 NIW. In doing so, he can submit both I-140/I-485 concurrently (He's Canadian, so there are still EB-2 numbers available) before his H1B runs up (perhaps he can negotiate for an extra month off through some usage of PTO?). There are only 2 available categories to self-petition in: EB-1 and/or EB-2 NIW. As far as I know, you can file both concurrently.

There are tons of resources online regarding EB-1 and EB-2 NIW. HOWEVER definitely definitely definitely speak to an attorney to see if he has a strong case for either EB-1 or EB-2 NIW. The bulk of applicants in these two categories are scientists/researchers, but I have read and heard cases of artists/musicians/actors etc. being approved. It all depends on whether you can make a good case.

Also, since you can file for both I-140/I-485 concurrently (which means filing for an AP/EAD as well), your friend would have a lot more time to apply for jobs that would be willing to sponsor him an H1B. Since H1B is dual-intent, there should be no conflict between the I-485 and H1B should he find someone willing to sponsor him an H1B.

Again, speak to an attorney ASAP. This is my opinion and I'm no attorney but having been through this process myself (I received my I-551 through NIW) and having an excellent legal team, I definitely encourage him to speak to an attorney ASAP.

Best of luck and let us know how it goes!

ah yes, i just realized that. the 2014 fiscal year have all been allocated.

I do have other visa options as well, specifically the H1B1 and E2. I have read the requirements thoroughly.

My other questions are:

1. When can I file these 2 options? Is it available all year round?

2. Can I file E2, H1B1 and H1b concurrently? or just E2 and H1B?

And I understand that my mail has to reach USCIS on Apr 1 to be considered "filed", right?

hey iishlegend,

1. You can file anytime of the year for H1B1, as long as there are available visa numbers (which I'm assuming there will be, so not to worry). You won't be filing for an E2, because it's not a temporary work visa that you'd be eligible for. It is an Investor's visa. Someone can correct me if I'm wrong on these two things.

2.) Again, you won't be filing for an E2. You need to own at least 50% of the company to apply for an E2. Please refer: http://travel.state.gov/content/visas/english/employment/treaty.html

As for your original question, OPT -> H1B … cap-gap extension (which a previous poster mentioned). It shouldn't be a problem as a lot of students have done it while transferring over to an H1B. Of course you should discuss this with your company's attorney.

This is just my opinion but I think you should definitely keep the H1B1 in mind. With a recovering economy, we're probably looking at another lottery situation next year. It's good that you have that H1B1 option, at least. However, do remember that the H1B1 is not a dual-intent visa. So if you're planning to file for LPR in the future, better keep that in mind.

Again, this is my opinion and I'd suggest you consult an attorney to discuss your options! Best of luck!

Hi Wavj

The only thing I can say for certain is that it varies from officer to officer.

During my interview (years ago as well!), the officer asked to see everything; my father's income tax returns, bank statements, retirement funds ... Including my transcripts. However, I've heard from friends and posters on other forums that the officers didn't even take a look at any of their documents that they brought.

There is no definitive answer to this. It varies from case to case. I know this doesn't help but I think you should keep this in mind while prepping for the interview.

Best of luck and do let us know how it goes!!

I honestly do not think it's a set up per say... probably more like ignorance on their part or simply not caring about the consequences... If I was 20 and wasn't in this relationship I probably wouldn't think much of the consequences. I'll know more when I talk to him tomorrow.

I don't think I do qualify for one, and I would only do this if I could move faster than with a K-1 visa.

I agree. I don't think the person understands the hoopla and requirements one needs to go through to get a visa. I think you know better than this man … it can't be easy as getting an affidavit of support. In addition, I don't think I've ever heard of any foreign national receiving a visa to do office management work in a clinic/dental office.

I'm sorry If it sounds too good to be true, it probably is.

Best of luck to you and your future husband!

From what I understand, your friend hasn't applied for any form of AOS yet so there's nothing to be worried about. Essentially, he's traveling on his H1B visa. That's completely fine. Travel is allowed on H1B visas definitely … I've travelled many times on an H1B visa without trouble.

Some clarification: the H1B is your friend's underlying status, regardless of any AOS application activity. That is the beauty of a dual-intent visa … even if your AOS is denied, you'll still have your H1B status to fall back on (as long as your maintaining it). As such, travel should also be fine then. However, I'm not an attorney and what I say should be definitely be checked before taking any action!

Best of luck to them!

One of the reason that we are worried is, we were living a part because of jobs and school. Now she joined another school close to home and staying together. We are married 2 years back, now ready to file AdjustmentOfStatus. We want to keep up F-1 status if it is going to help her to stay here in case of AOS denial. Can F-1 status be used to stay little longer to decide on what to do afterwords.

Hi immi24,

I'm not an attorney, and whatever I say should not be taken as legal advice of any sort ... but I hope what I say will be able to help you out!

Please refer to this thread: http://forums.immigration.com/threads/f1-opt-ead-i-485-issue.237366/ for clarification. The user 'jk0274' gives some solid advice. In addition, jk0274 refers to another user 'LucyMO' who posts some good info on this thread as well: http://forums.immigration.com/threads/f1-opt-and-485-ignorance-is-not-bliss.105345/page-2 (Caution, the other posts on this thread are misleading)

Basically, from what I understand is that as long as she doesn't apply for the AOS-based EAD + AP (I-765 & I-131), she should be able to remain in F-1 status so long as she maintains it (i.e, pay tuition, 12-15 credits per semester etc.). As such, in the event that the AOS gets denied, she'll still have that underlying F-1 status to rely on because she has been maintaining it throughout the entire duration of the pending AOS. This ruling: http://www.justice.gov/eoir/vll/intdec/vol15/2349.pdf states that application of AOS is not necessarily a violation of nonimmigrant status, so she should be able to keep her F-1 status regardless of the AOS decision, as long as she maintains F-1 status.

Again, I'm not a lawyer, and this is just my understanding of situations like this. I'd definitely caution you to be prudent and speak with an attorney, if necessary. In any case, best of luck to you!!

B1 - visitor's visa for business

Absolutely not. The B visa is not a work visa. If you're caught doing any activity in which you could potentially be remunerated for, you'll be in a lot of trouble.

I honestly can't think of any other option. H1B might not be ideal considering the quota, and the necessity of a bachelor's (or 12 years work experience). I'm not sure about a J1 either. Perhaps an O visa if your friend is really good? I've never heard of a chef being granted a temporary work visa (unless they were some famous chef).

Best of luck!

True, but company lawyers will often continue to work with H1B holders if laid off, not the case for being fired

Sorry, no. Bartenders are not on the skilled labour list for TN visas

good luck

Ah, true! Though I'm sure OP already knows that given her original post.

Best of luck to the OP!

hah he was honest AND got his visa! case closed.

Congrats! I was similarly of the same opinion as the other posters but I am, for one, glad to be proven wrong. Best of luck in figuring out the next step!

Hey jvl1337,

As other posters have mentioned, you don't really have any options considering you don't have a Bachelor's. You'll have to either go back to school or work another 4+ years (I read somewhere that 1 year of school is equivalent to about 3 years of work experience) to be able to be eligible for the H1B visa.

And even then, you'll have to fight the uphill battle of facing the annual cap. Of course there are ways around the cap (e.g, Masters, cap-exempt jobs etc.), but the onus is on you to try and figure out which way is the best for you and your career. I know this sounds demotivating, but as many other posters have said, if working in the US was easy, everyone would be here no?!

I don't want to get all preachy on you since I don't know you at all, but you're only 20…. You have a LOT of time and options to figure things out.

Best of luck and don't hesitate to reach out to me if you have further questions!!

Hi gemini2608,

Not sure if everything has been settled, but just thought I'd put my 2 cents in.

There's no such thing as an 'H1B Transfer'. When you switch to a new company, you'll have to submit a new H1B petition. With that said, I'm not sure if it's entirely legal for you to be working on the receipt notice since you're technically not approved to work for the new employer as of yet.

Definitely check with your attorney. Simultaneously applying for an I-20 sounds a little risky to me and, again, I'd advise you to speak to an attorney. More than likely, USCIS is going to be raising an eyebrow if they see both an H1B petition AND an I-20 application.

Hope that helps! Best of luck!

OP,

Agreed with F1H1I130, there is no '30 day grace period'. It's a pervasive myth that needs to be stopped! Best to check with your lawyer, but in any case, it sounds like the wisest choice to switch to a B-2 to prevent yourself from accruing any unnecessary unlawful presence especially since your next step is the I-485.

Best of luck!