Friend hoping her husband can be in the country with her...

[Penguin_ie 5,993]

** two topics on the same issue merged. PLease only post once an a question/ issue *****

[Gosia & Tito 199]

I have no personal experience about the H1-B process, but my understanding is that if an employer is willing to sponsor a foreigner for a work visa, and can make the case of why they want to hire that particular foreigner over an American, USCIS doesn't really care how he found the sponsor. Someone please correct me if I am mistaken, but the H1-B process, according to my knowledge, is almost entirely handled by the sponsoring company's lawyer, and the sponsored foreign employee doesn't have to prove much of anything, besides being qualified for being sponsored (i.e. meeting the minimum requirements regarding education, and being suitable for the job).

H1B are not so "easy". First, there has to be availability. It used to be that the entire pool of H1Bs was spoken for on Day1 of the USCIS 'year'. So it's possible there isn't one available.

Second, there are several proofs and conditions to get one. Not only one has to proof that is qualified, but also there there is no person to be found wihtin the country that can perform the job; of course, attorneys have this to a science and generally it is possible given sufficient time and money. In general, it can take several months. One advantage is that it is possible to 'expedite' by paying a premium fee; depending of course of availability

It wold be easier to file for TN-1 (which is exclusive to citizens of Mexico and Canada)

Finally USCIS will always tell you to 'apply'. You can apply all you want; getting approved is a different story

Edited April 18, 2012 by Gosia & Tito

[Sandra G. 5,048]

Nica some careers such as scientists, engineer or computer programmers are exempt from the cap. He can try to get the H1B visa. I got married on a H1B visa and I adjusted my status in the USA. No problem at all!.

[bt1 42]

I have no personal experience about the H1-B process, but my understanding is that if an employer is willing to sponsor a foreigner for a work visa, and can make the case of why they want to hire that particular foreigner over an American, USCIS doesn't really care how he found the sponsor. Someone please correct me if I am mistaken, but the H1-B process, according to my knowledge, is almost entirely handled by the sponsoring company's lawyer, and the sponsored foreign employee doesn't have to prove much of anything, besides being qualified for being sponsored (i.e. meeting the minimum requirements regarding education, and being suitable for the job).

I originally came to the US on a H1B visa and later became a citizen after 10 years living here. I remember it took about 6 months to get it and I don't think the wait was related to the visa quota (I am a scientist and don't think the cap applied to my situation). Basically, there is a substantial waiting period for these type of visas too.

[Little_My 464]

H1B are not so "easy". First, there has to be availability. It used to be that the entire pool of H1Bs was spoken for on Day1 of the USCIS 'year'. So it's possible there isn't one available.

Second, there are several proofs and conditions to get one. Not only one has to proof that is qualified, but also there there is no person to be found wihtin the country that can perform the job; of course, attorneys have this to a science and generally it is possible given sufficient time and money. In general, it can take several months. One advantage is that it is possible to 'expedite' by paying a premium fee; depending of course of availability

It wold be easier to file for TN-1 (which is exclusive to citizens of Mexico and Canada)

Finally USCIS will always tell you to 'apply'. You can apply all you want; getting approved is a different story

I wasn't implying that they are easy to get - or at least I didn't mean to imply that. What I meant was that though I am fully aware of the fact that a foreigner is not supposed to use a tourist visa to come to the US to fish around for a job and do interviews with prospective employers, I don't think that USCIS will require the sponsored employee to somehow prove he/she did not do exactly that. The OP was asking whether the foreigner would have to: "..explain the circumstances of how he was hired? In other words, if it turns out he sought an interview with the employer while in the U.S. on a tourist visa, would USCIS find out?"

Again, I am not extremely familiar with the H1-B process, but I've never seen anyone having to prove how they originally came about the job offer, assuming all the other requirements, which you pointed out in your post, are met.

[Sandra G. 5,048]

It's not against the Law to enter the U.S. with a tourist visa find a job and change the B2 visa to H1B visa. H1B visa holder can get married while in USA and adjust the status as well.A person doesn't have to explain at the AOS interview about the work visa/sponsor at all.

I entered the USA with a tourist visa, I found a job and I changed my visa to H1B. Years later I got married and at my AOS interview the adjudicator didn't even ask if I worked in the USA or not. I stated in the form G325-A about my employment of course, but he didn't ask a single question about my job.

Edited April 18, 2012 by sandranj

[nica 5]

So if nobody gets in trouble for searching for work while on a tourist visa, then why bother making that illegal at all? Baffling.

[Sandra G. 5,048]

It's against the Law to apply for B-2 intending to come to USA to change status. The US Consulate always issue the B2 visa assuming that the foreign national will return home at the end of the B-2 visa duration. But if after a while visiting the USA someone finds a job they can change Status in the USA.

I was working as a Prosecutor in Brazil when I came to spend 30 days here.I didn't intend at all to work in the USA, but then I got an offer to work for the the United Nations Headquarters in New York City, then I changed my visa B2 to H1B.Nobody gets in trouble for searching for work while on a tourist because if the person didn't intend to stay in the USA when applied for the B2 visa.

[aaron2020 11,651]

So if nobody gets in trouble for searching for work while on a tourist visa, then why bother making that illegal at all? Baffling.

Looking for work is not illegal or a problem. All it is is talking. The visitor visa holder is not working. It's the affirmative step of working for money that is illegal.

[nica 5]

Looking for work is not illegal or a problem. All it is is talking. The visitor visa holder is not working. It's the affirmative step of working for money that is illegal.

Wow, there's a lot of disagreement over all of these issues. I felt pretty confident that looking for work while on a B-2 is illegal, considering you are not entering the country for "tourism."

[Darnell 8,478]

so how's it coming, your research on the TN-1 visa ?

[nica 5]

so how's it coming, your research on the TN-1 visa ?

Yep, I did research on TN-1... my impression is that they wouldn't qualify, since it's a non-immigrant visa. I've read that applying for that and a CR-1 at the same time will probably result in the TN-1 being denied.

On the other hand, the H1-B work visa seems to be applicable for people who may be filing an immigrant visa at the same time. I could be wrong about all of this, though!

[grrrrreat 109]

Wow, there's a lot of disagreement over all of these issues. I felt pretty confident that looking for work while on a B-2 is illegal, considering you are not entering the country for "tourism."

The difference is, coming to the U.S. to look for work is illegal on a non-immigrant visa, since you necessarily have the intent to immigrate. Coming to the U.S. on a nonimmigrant visa and then happening to find work is different.

Yep, I did research on TN-1... my impression is that they wouldn't qualify, since it's a non-immigrant visa. I've read that applying for that and a CR-1 at the same time will probably result in the TN-1 being denied.

On the other hand, the H1-B work visa seems to be applicable for people who may be filing an immigrant visa at the same time. I could be wrong about all of this, though!

No, you're right. H1-B is a "dual-intent visa", so you aren't disqualified if you have the intent to immigrate. TN-1 visa is non-immigrant, so it won't be approved if you have immigrant intent. If a USC's spouse qualifies for a TN, they usually will enter and then after some time adjust status if they decide they want to stay.

[Darnell 8,478]

Yep, I did research on TN-1... my impression is that they wouldn't qualify, since it's a non-immigrant visa. I've read that applying for that and a CR-1 at the same time will probably result in the TN-1 being denied.

On the other hand, the H1-B work visa seems to be applicable for people who may be filing an immigrant visa at the same time. I could be wrong about all of this, though!

IMO, is not any issue to hold a TN-1 visa and THEN submit the I-130 petition.

But to hold one, he has to obtain one (first)

After the I-130 winds it way into NVC, then there's NVC doc intake. TN-1 can still be in effect during that time,

and then...

once at interview date is set at CDJ, about 2 weeks prior, then (and only then) would he cross back into Mexico.

There's all this issue about intent and immigrating,

Working in the usa with a TN-1 visa - there's no intent for immigrating, there's no path for it, and then

Once he has the visa stamp for the CR-1 in his passport, then (and only then) is he intending to immigrate..

Think about it a bit, pull out a 12 month calendar, see what makes sense with the scenario I've described.

Good Luck with the rethink !

[aaron2020 11,651]

The difference is, coming to the U.S. to look for work is illegal on a non-immigrant visa, since you necessarily have the intent to immigrate. Coming to the U.S. on a nonimmigrant visa and then happening to find work is different.

No, you're right. H1-B is a "dual-intent visa", so you aren't disqualified if you have the intent to immigrate. TN-1 visa is non-immigrant, so it won't be approved if you have immigrant intent. If a USC's spouse qualifies for a TN, they usually will enter and then after some time adjust status if they decide they want to stay.

It's not illegal to look for work on a non-immigrant visa. Please provide a citation for your conclusion that it is.

I can't prove a negative that it is not illegal to look for work on a non-immigrant visa because Congress does not often make laws saying things are not illegal. Generally, Congress makes laws saying certain acts are illegal.

For example; There is no US law that either permits or prohibit dual citizenship. Since the law is silent, US citizens can have dual citizenship. As far as the US is concern, US citizens with other citizens are only US citizens and are treated as such.

Similarly, if the US has no laws on whether a visitor visa holder is permitted or prohibited from looking for a job. Since the law is silent, a visitor visa holder can look for a job. The law is very clear that the visitor cannot work. There is nothing about looking for a job.

At the POE, a non-immigrant visa holder who disclose that he/she is coming to look for permanent employment is unlikely to be admitted because the burden to prove not having an immigrant intent is on the visitor. Looking for a permanent job is in conflict with the notion of no immigrant intent. However, once the person is admitted, there is no law that say he/she cannot talk to potential employers.