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maroliv

Enter on tourist Visa, studied a chef course and then want to work

By maroliv in Work Visas

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maroliv Newbie

maroliv   6

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Hi everyone!! Thanks for your help in advance!!

So, I have a friend who came to US on a tourist visa (she has come to US and get back to Mexico a lot of times with her tourist visa), then she started to study a chef course, made her practices on a restaurant, and now the restaurant wants to hire her to work with them. She only wants to work for one or two months, and then get back to Mexico. So, is this possible? What she would need to do? I tried to look for info on the USCIS page, but there are a lot of options and I don’t know which one is the right for her 🙈

Thanks again for your help!!

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KazuriSana Community Regular

KazuriSana   324

Posted
Filed: Citizen (apr) Country: Kenya
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Posted

What she wants to do is illegal.

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

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GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted
10 minutes ago, maroliv said:

Hi everyone!! Thanks for your help in advance!!

So, I have a friend who came to US on a tourist visa (she has come to US and get back to Mexico a lot of times with her tourist visa), then she started to study a chef course, made her practices on a restaurant, and now the restaurant wants to hire her to work with them. She only wants to work for one or two months, and then get back to Mexico. So, is this possible? What she would need to do? I tried to look for info on the USCIS page, but there are a lot of options and I don’t know which one is the right for her 🙈

Thanks again for your help!!

What she's been doing and plans to do is illegal. She faces being banned from the US altogether from illegal work and presence. Internship/working at a restaurant counts as illegal work. She also went to school without a student visa. She is in all types of trouble if she gets caught. There isn't a visa to do what she would like to do.

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Ben & Jela Explorer

Ben & Jela   140

Posted
Filed: K-1 Visa Country: United Arab Emirates
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Posted

@maroliv I believe your friend would need a work visa to work at the restaurant.  So they would need to sponsor her work visa. 

 

Also, she'd need a student visa to be able to study in the USA while here.  A tourist visa won't allow either of those options.  

 

Good luck to your friend. 

Jela (USC, Missouri) & Ben (East Indian in Dubai)  :wub:

Adjusting Status from Conditional Green Card after K1 Visa:
4-20-21 Sent 751 packet (via USPS overnight)

4-21-21 Received by USCIS (Signed by T. Wright)

5-7-21   Receipt date on our 797 (extending GC for 18 months) {we included G-1145, got a text, but no email - for those curious.}

5-8-21   Received Text message from USCIS with receipt number, Assigning service center SRC. (@12:35pm) 

5-10-21  Check cashed/cleared our bank

5-13-21  Hard copy of 797 Received in postal mail

5-17-21 Received email notice update from USCIS account that on 17th they used his previous biometrics for 751.

5-21-21 Biometrics letter received in postal mail.

 

 



 

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted

As above, she’s already violated her status on a tourist visa both by studying and “practicing” at a restaurant. Best she keep her head below the parapet and just go home unless she really wants to risk the visa being revoked. If the restaurant wants her that badly they can sponsor a relevant visa for her and she can return and work legally for them.

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Perhaps you have misunderstood her situation.

Anyway she needs to speak to the Immigration Lawyer acting for the Restaurant.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ItsSunny2Day Apprentice

ItsSunny2Day   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Mexico
 Timeline
Posted

All of the above comments are absolutely correct. Sorry!

 

Regarding a restaurant being a sponsor for Visa that offers full time employment or seasonal based work opportunity ... sure its possible, but highly unlikely the restaurant owner/management would get involved in the process. It's too expensive and time consuming to have a single worker for 1-2 months.

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted
1 hour ago, maroliv said:

Hi everyone!! Thanks for your help in advance!!

So, I have a friend who came to US on a tourist visa (she has come to US and get back to Mexico a lot of times with her tourist visa), then she started to study a chef course, made her practices on a restaurant, and now the restaurant wants to hire her to work with them. She only wants to work for one or two months, and then get back to Mexico. So, is this possible? What she would need to do? I tried to look for info on the USCIS page, but there are a lot of options and I don’t know which one is the right for her 🙈

Thanks again for your help!!

Your friend has violate US immigration laws by working illegally at the restaurant.  Practice at a restaurant is illegal work for her. 

She should count her blessings by going home and forgetting about all of this.  

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
10 minutes ago, ItsSunny2Day said:

All of the above comments are absolutely correct. Sorry!

 

Regarding a restaurant being a sponsor for Visa that offers full time employment or seasonal based work opportunity ... sure its possible, but highly unlikely the restaurant owner/management would get involved in the process. It's too expensive and time consuming to have a single worker for 1-2 months.

I have friends who have a Hotel and have currently 3 J1's working for them for the summer, Hotel and Restaurant work.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ItsSunny2Day Apprentice

ItsSunny2Day   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Mexico
 Timeline
Posted

 

7 minutes ago, Boiler said:

I have friends who have a Hotel and have currently 3 J1's working for them for the summer, Hotel and Restaurant work.

Boiler, likely your friends who own the Hotel, have a long standing plan to use seasonal workers. I have 17 years in the Hotel/restaurant business, and I stand behind the comment that an employer is not likely to sponsor a single individual, one time, for only 1-2 months. 

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

They started doing this maybe 4 years ago, the lady at the Brewpub followed the following year, she I think usually has 2.

 

They come in June leave in early September.

 

I have met one so far, his English was much less than they expected, they got lucky last year, 2 of them revamped her IT system.

 

The local ski resorts are mainly winter users and they also do H2b's.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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