Sinead91

While there is nothing on the employer end that needs to state this, it may come up in your consular appointment when you go for stamping. I would have supporting evidence of court cases / exoneration for your interview in the case that it comes up.

There's no shortcut to a greencard. Are you eligible for H1B sponsorship? The lottery is over for this year but lots of non profit orgs and schools still support and they are exempt from the lottery.

You need to provide more information. What was the basis for your waiver request? Did you not receive a letter outlining the error? Had you received a "favorable" decision from your consulate?

The actual TN process is incredibly simple once you qualify, the grey area here I suppose is the category that you would come under under the NAFTA professionals list. ACCOUNTANT Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A. ECONOMIST Baccalaureate or Licenciatura Degree MATHEMATICIAN (to include statistician) Baccalaureate or Licenciatura Degree These are the 3 that stand out to me. the actual process is easy and does not need a lawyer, unless they have the money they're willing to spend. Your employer needs to write a DETAILED letter that you can present at the border and be processed there. It should outline the work you will do, daily duties and responsibilites, the impact you will have, why you are the best person for the job, why you are a skilled professional etc. Then you bring your offer letter as well as copies of your degrees. TN visas are granted 3 years at at time and can be renewed indefinitely. The other option is H1B, which is dual intent. If your employer is CAP exempt, then they can file for you at any time. If they're cap subject, it won't be happening this year.

Even though you have a valid stamp, you still need an active employer to sponsor you. If you have an approved i797, it is invalid without paystubs and proof of employment. For Cap Exempt, regular processing, we see a turnaround time of 70 to 90 days for approval.

I'm not sure I've ever seen anything stipulating 180 days per calendar year. The point of the ESTA is for it not to be abused, and I would say that 2 x 90 day trips per year raises some eyebrows, especially when you are visiting a spouse. If you have ties to home that are concrete, bring pay stubs and rental agreements if needs be, show that you don't intend to stay, your visit may not be over scrutinised.

OP: new employers, especially if they're cap exempt, may not be able / willing to cover that fee. Thankfully you do not need a second approval for employment to begin, but if you have any international travel planned, then you should be ready to pay it if they are not willing. H-1Bs are straightforward outside of the lottery, so if they're a cap exempt employer, and you need assistance, please reach out It's my day job!

There have been cases where some employees (research scholar is what we sponsor) have not been sure as the consulate officer has failed to mark the box on their DS2019 and also the passport visa does not reflect it, however, in those cases where there is uncertainty you must request an Advisory Opinion from the Dept. of State.

I am so so sorry you had such an awful experience!! There was no need for her to be so rude to you. Not being able to provide a DEPENDENT ID without a social is ridiculous. I still don't have my social on their system (it's been 3 years, but i will do it when i renew next year). Go back with the SSN in two weeks, plus her passport and a translated birth cert (you should have that already from the immigrant petition / adjustment of status?) and your marriage cert. Best of luck!!

Did you pay the fines? Unless they were over $500, I would not be worried.

Without military orders, you can't request an accommodation based on possibility unfortunately. I hope for your sake that your spouse does not get deployed.

If you get a new employer, they should file a new H1B for you. If you have an active H1B, they would file it as “change of employer”, but you need an approval before actually coming to the US and beginning employment. So you have been working from India for a U.S. company since last year? What address is on your LCA?

Also, apologies I didn't address this right away. Once they understood the error, they submitted a request for withdrawal of the AOS, to keep everything compliant. I don't know what acknowledgement they received or when they received any (if they did). Either way, the AOS will be abandoned when you are a no show for an eventual interview.

CR1 took just over 12 months. They also reached out to their congressman who may have helped expedite as her husband was Active Duty and they made a case based on that. She travelled without even receiving her EAD, she was totally misinformed and thought her receipt notice was enough (!!!!). To this day, I don't know why she didn't just ask me, but alas!

Hi Antonio, a friend of mine from Germany was in a similar situation. They ended up having to file the CR1. It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. The advice given so far is sound. It's an unfortunate situation but happens!

Hey, i know its way late, but I also got my DoD ID without an SSN. I got that 3 years ago and have yet to add it to my DoD information >< (I need to make the trip though), haven't had any issues with tricare whatsoever or base access.

I have seen something similar at the National Institute of Health. Part of their program requires them to confirm that they are OK with the waiver being granted. The NIH has their own process for this but it includes sending a "favorable sponsor view" to the Department of State. They require an employment offer letter as part of their process, but your organization may have their own stipulations. I would definitely recommend contacting the International Office/Service for info, it's probably quite common. Here's the NIH link also in case you're interested!

That sounds really promising!! Best of luck with the rest of the process!

It totally depends. If they're a non profit, they might receive funding from different sources that don't allow for this type of process, so the employee has to pay by default. We do not, in our organization, but unless you ask, then you won't know,

I've travelled home to Ireland with an expired GC and my extension letter for ROC (48 months for me ha ha!). But there were no issues at all. I would file straight away, there's no harm in doing so. It's going to be a long wait either way. It's also an incredibly easy packet to put together.

You’re welcome! for context: I am the immigration specialist for a cap exempt employer and file H1Bs regularly. OP, $2,500 is a lot of money for PP, but it guarantees a decision in 15 business days, or your check is refunded. best of luck!

Hi! This is not correct. You absolutely can pay the H-1B check yourself. the form i907, that accompanies it, must be prepared and signed by the employer, but the beneficiary may write the check!

You can also pay the premium processing fee of $2,500 and have your petition adjudicated in 15 business days! A non profit likely won't cover that, but if you wanted to, they might allow it.

Yes, you're right. it is a cultural exchange! Certain categories allow for longer time. In summary: she can move from J-1 to H-1B easily, once she applies for the waiver in a timely fashion. But employment based visas are never as secure as family based sponsorship. Employment terminating leads to termination of status.