ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 10 of 10

Thread: A conundrum...?

  1. #1
    Hi everyone, another greenhorn seeks advice!

    I'm currently here under the VWP program, about half-way through my 90 days, and in a strange (for me anyway) sequence of events i've been offered work. I genuinely wasnt seeking it, although it's a great opportunity, and in a field i'd love to work in (media). Basically i need to know if i'm able to pursue this opportunity, given my visa circumstances (or lack thereof! Any help would be much appreciated. Oh yeah, forgot to say, i'm a British Citizen in the US.

    Cheers all!

  2. #2
    Hi everyone, another greenhorn seeks advice!

    I'm currently here under the VWP program, about half-way through my 90 days, and in a strange (for me anyway) sequence of events i've been offered work. I genuinely wasnt seeking it, although it's a great opportunity, and in a field i'd love to work in (media). Basically i need to know if i'm able to pursue this opportunity, given my visa circumstances (or lack thereof! Any help would be much appreciated. Oh yeah, forgot to say, i'm a British Citizen in the US.

    Cheers all!

  3. #3
    You can accept a job and apply for a working visa if you qualify, but you absolutely can NOT stay past 90 days or work here during the processing; if you do not leave at the end of the 90 days (or earlier) you will have violated the express terms of the visa waiver application you signed on entry to the US. Good luck~
    it was like that when i found it... honest!

  4. #4
    Thanks for the response.

    I figured that was the case, Presumably I can still apply from here (or rather, my prospective employer can submit the I-129 petition etc), but am I correct in thinking I need to return to the appropriate consulate/embassy in the UK in order to attend an interview? And when could I go back to the states. Could I return under the VWP pending the application/approval process? I know, I truly am a greenhorn! But then it truly is a minefield...
    Thanks in advance.

  5. #5
    the employer must file the i-129then you must be in your own country while this is talking place visit the ins website for more info

  6. #6
    So, just to clarify the procedure as i understand it (or not as the case may be):

    1.Employer files Labor Condition Application with US Dept of labor

    2.submit evidence of this with Evidence of employment's qualification as "specialty occupation" (how do i obtain this?), copy of degree, copy of signed contract of employment, completed i-129, and relevant fees.

    3.Wait.


    How much of this procedure can I initiate whilst here under the VWP? And when could i return? And at what point in proceedings am i required to attend the interview at my home embassy.
    I noticed in sosueme's response that I couldnt "work here during the processing". Understood, but could I visit here again?

    I swear, the more i explore this, the more confused i get!
    Thanks again in advance

  7. #7
    one more thing - i'm basing my understanding on the assumption i'll be applying for the H-1B visa.
    Cheers

  8. #8
    You can do all of it while here under VWP as long as you don't go over the 90 days AND you can't get your visa from here in the US... you have to leave and get it stamped outside the country, then return. It's possible to visit again but may raise red flags, so you may want to keep visits minimal and brief. Good luck~
    it was like that when i found it... honest!

  9. #9
    Note also, that your prospective employer will not be able to submit the application before Aptril 1st, for employment to commence no earlier than October 1st. That said, if you want this to go through, I would advise you to push for the employer submitting the application on April 1st, as the quota for H-1B visas will run out soon thereafter.

    Good Luck!

  10. #10
    Thanks everyone, for the advice and good wishes; it's a big help. Time to get the ball rolling!

    Cheers!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: