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  • work visa

    My boyfriend is here from Mexico and has a work visa for seasonal work. How can he change it to a regular work visa? He has worked here for 9yrs.

  • #2
    My boyfriend is here from Mexico and has a work visa for seasonal work. How can he change it to a regular work visa? He has worked here for 9yrs.

    Comment


    • #3
      The ability of your boyfriend to get a more permanent type of work visa depends on his employer. If his employer solicits and sponsors him, specifically, and can demonstrate to the satisfaction of the U.S. Dept of Labor that that type of work is needed for their company, and that no U.S. workers are willing and able to do that work, then he may be able to get that visa. It's all a very complicated process that requires the skills of a lawyer specializing in employment-based immigration.

      Alternatively, if you are a U.S. citizen or permanent resident, YOU could marry him and then he can adjust his status to that of a permanent resident by way of the family-based process. That would require the help of a lawyer too.
      Good luck.

      Comment


      • #4
        We plan to be married next year but have no date. He cannot get another job until he can change his visa right?? He was wanting to get just a regular work visa so that he may find a better job that he doesn't have to work 80hrs/wk.
        If he had a lawyer could he change his visa pretty easily? Hes had his current visa type for 9yrs. Does that count for anything?? Just curious and needing any advice!
        Thanks!

        Comment


        • #5
          My email is jotanner246@yahoo.com if anyone would prefer to email me.
          Thanks

          Comment


          • #6
            I'm afraid your bf cannot simply change his temporary work visa for a permanent one. He needs to begin the process from square one since he wants to become a permanent immigrant. If he is a seasonal worker, he is a non-immigrant.
            To get a permanent work visa, you have to be within certain categories of "skilled workers" that the Immigration and Nationality Act has laid out. I am not sure he would qualify if he is, for example, an agricultural worker.

            As far as changing jobs, he cannot do that either, legally anyway. His current work visa is ONLY valid for work for the employer who solicited/sponsored him for it.
            During these past nine years has he been to the U.S. and returned to his home country at the end of the work season--always renewing that same non-immigrant visa?
            If so, it doesn't matter the duration in years that he has been doing so--he still needs to begin a NEW procedure if he wants to become a permanent immigrant.
            Let me tell you though, that if you two marry while he is in the U.S., and his visa is valid and current (not expired), then he can "adjust status" to that of a permanent resident while in the U.S. This is a HUGE advantage since he won't have to deal with the consulates in foreign countries.
            As you probably notice, I am pushing the family-based petitioning route over the employment-based one because it is faster and sometimes easier-assuming there's no fraud in the relationship.
            Finally, I am not a lawyer. I suggest you still seek out the advice of a competent, licensed attorney who specializes in immigration cases to help you sort out all your issues. (charge should be between $80 to $150 an hour or flat fee for a consulatation).

            Comment


            • #7
              We aren't quite ready to get married yet. We are planning on moving in together around November after he goes to Mexico and gets visa stamped for another year. A concern is that I am currently living 1hr away from my job and are going to be moving near there. It would be about 85miles from there to the farm that he is currently working on. That is why he is wanting to change jobs, 1. be close to work and 2. to get a better job for us in the future and for our future kids. That would be rather far for him to drive especially because some days they begin work at 4:30 and other days it maybe 6 or 6:30 when the boss calls them to start work. He works in the fields, drives tractors, works on the tractors in the shop, cares for the animals on farm, and also makes deliveries of the crops to different places. It just depends on what he is doing as to when he starts and then most of the time its about 8-8:30 or even as late as 10 when he gets off. That was 7 days a week but now is mostly only 6 days. He usually gets about 20min for lunch and thats all. If he would continue at this rate he'll be dead by the time he's 40. I want him to be here way past 40! I look forward to us sharing an amazing and LONG life together!! I wish there was some way around us saying "I do" before we're really truly ready.

              Comment


              • #8
                SOMEONE HELP!!!! PLEASE!!!!
                iS there any way around us rushing into marriage????

                Comment


                • #9
                  I'm now really confused on yr boyfriend's situation, since I remembered you stating that your boyfriend entered U.S. without inspection and now you are stating that he is a seasonal worker. I don't know about your boyfriend's actual situation, since I have answered you in very detail previously two months ago thru email, which you did acknowledge it. Is this boyfriend is another one than you have previously?

                  Comment


                  • #10
                    Sammy
                    I tried to email u and it got sent back to me. please email me

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