J1 issues

[flakyberry 0]

Hi all,

I have read so many post on this forum but still needs advice.

Problem description: My 1 year J1 visa expired Nov 2012, and not subject to 2 year home return rule, an EU citizen requiring no visa to enter US

Questions:

1. Can I accept a voluntary job offer without stipend

2. Can I apply for change of status and what classification of work visa will be suitable to apply to ( H-1B, H2, H3, E1, etc)

3. Can I file form i-129 petition by myself without using immigration lawyer

4. Is it okay to continue to stay in US until my change of status is complete?

Thanks

[kzielu 1,149]

2. You need to have employer to petition you for any of work visas. You can't just go an apply.

3. See above

4. Overstay makes you ineligible to change status, even if you find employer. So no, it's not OK. Also, check out quota for H-1B visas. Those will be given out on Oct2013 at the earliest. EU citizenship is completely irrelevant here.

Edited January 18, 2013 by kzielu

[Penguin_ie 5,994]

Are you saying you are still in the USA, and have overstayed for the last 3 months? If so, you cannot AOS other than through marriage.

[aaron2020 11,651]

Hi all,

I have read so many post on this forum but still needs advice.

Problem description: My 1 year J1 visa expired Nov 2012, and not subject to 2 year home return rule, an EU citizen requiring no visa to enter US

Questions:

1. Can I accept a voluntary job offer without stipend

2. Can I apply for change of status and what classification of work visa will be suitable to apply to ( H-1B, H2, H3, E1, etc)

3. Can I file form i-129 petition by myself without using immigration lawyer

4. Is it okay to continue to stay in US until my change of status is complete?

Thanks

1. "Volunteering" for non-immigrant visa holders can be a tricky issue. If you receive any benefits (housing, cash, potential for future pay or employment, etc.), then the answer is no. It must be purely altruistic. It cannot have any direct or indirect benefit to you in most cases.

2. Probably not. You would need a US employer to apply on your behalf. It takes time, so it's probably not going to happen within the 90 days you are allowed to stay in the US under the VWP.

3. No. The US Employer applies on your behalf.

4. Not going to happen.

You can't realistically expect to come to the US for 90 days under the VWP and expect to get a US employer to offer you a job and get the immigration benefit for you, and get you work authorization. The US immigration system does not work like that. Your plan to come here on the VWP to find a job that would allow you to stay legally in the US is heavily flawed. You will end up with no paying job and overstaying the 90 days which will make you ineligible to use the VWP again. Don't do this. Don't attempt this flawed plan.