Tomaso11

OC000013XX Hi have recently booked a holiday to Thailand for a few weeks and I am just wondering if I need to unlock my DS-260  to update the travel section when I get back? also, wondering how likely I'll be to get an interview, not sure of the numbers. Thankyou for your time

OC000013XX Hi have recently booked a holiday to Thailand for a few weeks and I am just wondering if I need to unlock my DS-260  to update the travel section when I get back? also, wondering how likely I'll be to get an interview, not sure of the numbers. Thankyou for your time.

22 hours ago, Mike E said:

Yes.  
 

Airports in the USA are not organized like they are in Australia. Europe, and most other counties.  
 

In most counties when you are landing in a country to connect on another flight to another country (or in the case of Schengen Area countries when you come outside the Schengen Area to land in the Schengen Area and connect to a flight  that goes outside the Schengen Area) you don’t rarely encounter immigration / border officers because that’s how the airport terminals are laid out.  
 

In the USA, the border police aka CBP,  doesn’t permit such a layout.  
 

Every passenger of every inbound international flight (except for flights that come from airports with CBP preclearance, but this doesn’t change my point), has to go through passport control and customs before going on to the next flight.  And once going through customs, there is physically nothing preventing a passenger from not taking that ongoing flight.  They can disappear into America as an illegal alien. 
 

Or if they have applied for an immigration visa and their priority date is  current as yours is, they can just stay in the USA and adjust status.

“Honestly sir I was going to go to Mexico to see her, but then she texted me, begging me to go see her in the USA, so took the next flight to Muncie.  One thing led to another, and I filed I-485 and stayed at her place”

 

CBP has seen that story millions of times.  

Yeah you make a good point. I was thinking along those lines too. Not worth the risk at all. Appreciate the reply. Just one more thing in regards to the DS-260: Will I need to request for the form to be unlocked after I travel out of Australia to update the travelling section on the form? Thanks, Tom.

17 hours ago, jan22 said:

You don't say where in Australia to where in Mexico (and we don't really need to know that), but if you haven't tried looking up the international airport in your departure city in Wikipedia, you might want to do that.  There will be a chart showing the airlines serving the airport and the cities these airlines serve with direct flights.  It might give you an idea for a routing that doesn't transit the US if you don't want to risk it.

Very true! another good point, thankyou I'll look into it.

3 hours ago, Mike E said:

A - no

 

B - yes, because you stayed 3 months  last time,  you’ve a pending  immigration visa application, and so have already expressed immigration intent.  You’ve weak ties to Australia. I think denial of entry is a double digit percentage probability. 

Ok thanks, even though I'll only be landing in the U.S for a few hours before boarding the flight to Mexico, you think they may deny me entry even though I have onward travel plans?

Hello, I am planning to go on a trip overseas from Australia to meet up with my girlfriend in Mexico, but have to transit through the united states for a few hours first. Last time I went to the united states for 3 months and was questioned heavily about my relationship with my american girlfriend. I have since been selected for further processing in DV22 and have submitted my DS-260. My question: Will me being in the U.S in transit for a few hours a) effect my green card process in any way, or b) give U.S immigration any reason to turn me away. Thanks for your time.

11 hours ago, Chancy said:

 

P3?  You mean the one for artists/entertainers in a culturally unique program?  Petition needs to be filed by a US employer or sponsoring organization.  Does not seem like an appropriate visa for a baker.

 

Do you know what comes under the definition of artist for it? Or the definition of the category of "culturally unique"? Thanks.

Im just wondering what people's opinions are on the P3 visa and if anybody knows anyone that has been on one before?

Im just wondering what people's opinions are on the chances of me getting an E3. Being a qualified baker with 15 years experience, and having a job offer making speciality australian style baked goods?

On 2/19/2021 at 3:45 AM, designguy said:

Quickest would be to premium process an O1. Get a good lawyer and see if you can qualify (unlikely but if money doesnt matter then you might as well try). My EB3 took 2 years pre covid. 

Do you mind if I ask what you do for work? Was it easy for your boss to demonstrate the lack of willing and available u.s citizens to do the job?

7 hours ago, SusieQQQ said:

FYI , though I’m sure your lawyers can give you all this 

O-1 visa: O-1 visas are available for chefs of extraordinary ability. Extensive evidence is required to show that the chef is a culinary artist of ‘distinction’ who is ‘renowned, leading, or well-known’ in the field.

The article also talks about the various visa options (non immigrant so no EB3 discussion)
https://www.visaplace.com/blog-immigration-law/occupation-chef-usa/

 

 

this one goes into detail in what is required  for O visas in the culinary field

https://worklaw.io/o1-visas-chefs-and-culinary

 

profile of a successful O1 chef 

https://www.wildeslaw.com/immigration-resources/latest-immigration-news/o-1-approval-secured-for-margarita-vaamonde-chef

 

a kind of step by step guide to getting the O1

https://dlgvisablog.com/blog/o-1-visas-for-chefs-a-recipe

 

 

 

 

 

Thankyou so much for your help and patience, I appreciate it! Just one more thing, say I had an interview, because it is a non-immigrant visa, do you think i would have trouble with the consular officers if they asked about my girlfriend? 

20 hours ago, Jorgedig said:

 

It was more so waiting for an eb3, if I can possibly get another employment visa to come through with a shorter waiting time then it would be worth it for sure.

5 hours ago, Coco8 said:

If you are a pastry chef at a Michelin star restaurant or one of the biggest restaurants in Australia or you have a bakery that has won national awards, you can get an O1. The O1 visa needs to have a LOT of documentation supporting your expertise. It's time consuming and a lawyer has to put it together. I know people who had an O1 visa and they had like 400 pages of supporting documents, some which included letters from experts in the field talking about the skills of the candidate, awards, publications, etc. etc.

 

If you are a baker in a small place, there is no way you can get an O1 visa. The bar is extremely high. 

 

 

Ok yeah that makes sense, the bakery i am at now is a big well known place on the state that im in, and has recieved a number of national awards.

55 minutes ago, Tomaso11 said:

I have applied for the DV lottery 🤞🤞 yes I am sceptical about the o visa also. My lawyer has told me to get those who have won the awards to write letters about my skills, achievements, we are also looking into getting some publication on the story of my employer wanting to bring me over to work for him. As he has done a lot of work in the media in L.A also.

15 minutes ago, SusieQQQ said:

I was looking into an O some years back (when i fortuitously won the DV lottery, there's an option for you too and much easier than anything else if you are lucky enough to get selected) and I was told to collate all publications mentioning me by name, articles I had authored, some national awards I had won,etc. Nothing about the companies I had worked for. The only guy here in the US that I really know well on an O was a professor with the usual publications, and a start up that was bought out by a large US company, who brought him over to head up that section at their head office. (and imo definitely way more accomplished globally in his field than I had been in mine) Now - there are people here with far more expertise and who actually completed the O1 route which I had only tentatively started exploring - but from my recollection it would need to be you mentioned in the media sources, not just referred by others who have been. Anyway - the lawyers would have to put this together and would tell you what you need.

I have applied for the DV lottery 🤞🤞 yes I am sceptical about the o visa also. My lawyer has told me to get those who have won the awards to write letters about my skills, achievements, we are also looking into getting some publication on the story of my employer wanting to bring me over to work for him.

52 minutes ago, Boiler said:

I often wonder if there is any real need for most new EB3 applicants, that can not be filled if you look hard enough, seem often other factors. I am putting aside those who are working on NIV which only last so long.

 

But lets say you have a position to fill,logically you would of course advertise normally, if for nothing else the time involved. If you have done that and nobody comes up and then you look for other options and find someone abroad, well you have to go through Labor Certification, I seriously doubt that has much in common with how a Company would actively seek a new Employee.

 

 

Unless someone understands the situation you are in and is willing to help another fellow Australian out. Someone who he thinks can contribute and grow his business in different ways. Someone who understands how to make the products.

56 minutes ago, SusieQQQ said:

Well those would be the easy ones - but yes there needs to be some sort of published or other way to verify your accomplishments among your peers.

Thats what we are looking into, the place I work at has won a lot of awards, and being one of the people in charge there i am responsible for contributing to attaining some of these awards. There have been various publications of the business in certain media, but not so much individually. I have previous co-workers who now have their own accomplishments, that have now been recognised in the various media sources, that can acknowledge my skills etc.

3 minutes ago, Boiler said:

They advertise to comply with the law, not to find applicants. 

Im not sure what boomerang pies are sorry

26 minutes ago, SusieQQQ said:

Like boomerang pies? Yeah plenty of these country niche businesses all over the US.

but anyway yeah his lawyers would be best placed to get you the right visa, certainly seems a more worthwhile option than community college, although nothing is going to be fast.

 

So genuine question, if he advertises as required and finds there are already Australians with the required skills here as LPRs or naturalized, it would obviously make sense to hire them over you as he doesn’t have to go through the time and legal expense of Eb3, what would your plan 

Well the o1 visa is something we are still looking into. I was hoping to find somebody who would employ me on e2 visa (an Australian investment business owner who wants to use me as an employee) but that didn't quite work out. Then I found this opportunity so we are trying to make it work. It just seems the best possible way is the eb3 at the moment.

58 minutes ago, SusieQQQ said:

 

Well if your role really as specialty as you indicate (your confidence they won’t find anyone else with the skills) you should have all sorts of options here surely?  H2b is generally for low skills in temporary demand so it presumably doesn’t align with anything specialty. 

Its for an Australian product based business, that's why it's specialty, that's why I have the skills, making the Australian products, that's why he wants to hire me. But unfortunately, this doesn't fully qualify me for the E3 because of my 1. Lack of degree, and 2. Lack of 12+ years in a managerial role.

9 minutes ago, SusieQQQ said:

Yes, that would be a pre-requisite for almost all work visas, as it is for EB3 as I guess this is. But you said you don’t want to wait that long.

 

Im curious as to why you said you don’t qualify for an E visa which is what a number of Australians I know have used? (I don’t know much about the visas) isn’t that one of the easiest visas to use to come work here? (At least...that’s the impression that was given to me)

 

 

The e3 is designed for people in specialty occupations, usually high end jobs, lawyers, doctors etc, it requires a bachelors degree as a pre-requisite. Experience in the work field over a certain number of years can substitute for a bachelors degree. The work experience needs to be in a managerial role of 12+ years i think. I have the experience, but not in the managerial role for over 12 years. So the eb3 is really the only choice, unless we can go for the o1 which we are looking into also. The hb2 i understand is for seasonal workers, and not an option in this case.

7 minutes ago, Lucky Cat said:

I'm just thinking it might be a very unique situation.

Thanks for your input.

1 minute ago, Lucky Cat said:

That would be quite an achievement.  Good luck.  

How do you know the role?

1 hour ago, SusieQQQ said:

I think O1 is about the only visa (L not applicable here) that can get anyone here relatively quickly. From the people I know on Os, sounds like a long shot but agree worth a try if OP has some cash to spend on the attempt.

 

Sure, if you’re good enough. I’m guessing celebrity bakers would qualify easily, cake boss type. Zumbo is an Australian one, great British bake off types, etc. Depends how specialty you are. I’m fairly sure a top restaurant type pastry chef etc would be able to swing it too. If you’re not specialty I don’t even know that EB3 would work because I’m pretty sure that there isn’t a nationwide shortage of bakers. Especially now.

Its for a specialty role at his bakery, so he would have to advertise and convince that no one is able or capable of doing that specialty role, which I think he can prove.

2 hours ago, Boiler said:

So what other options has the Immigration Lawyer suggested.

We talked about the e3 although I don't have a degree i have a lot of experience in the field, some in a managerial role. We talked about an o1 as my workplace has been in the press quite a bit, we are still looking into exploring all possibilities to see if anything can work apart from the marriage visa.

1 hour ago, Jorgedig said:

Two years is approximately the same time to process nearly any other visa available to you (spousal, fiance etc).  US immigration is not fast, not cheap.  

I heard the k1 and e3 were a lot faster?

19 minutes ago, Boiler said:

 

Not your call, what are they proposing?

He just said he is willing to sponsor me, I've been talking to an immigration lawyer who is working with us both. She suggests the best visa is the eb3 (skilled worker) but because of the time it takes to process, we are trying to explore all options.