Is it possible to Travel to work to USA on H2B visa while waiting for my PD to become current

[randomstairs 303]

56 minutes ago, BulgarianGuy92 said:

i was working on H2B from January until April 2023 and in march 2023 i got my LC approved. that was my only time i worked in USA while doing the eb3 process.  so what kind of documents should i provide ...like bank statement ,car registration, notary certificate  for property.... 

 i  don't have intension to stay illegal in USA after spending so much time and money on this process . It's just the backlog of the visa bulletin that bothers me ...do i have to wait 2 more years for the interview ... PD June 2022 , and now NVC is sending cases to embassies from OCT 2020 .i also know a woman who's got a PD in August 2020 and still haven't got scheduled for interview in her country

They probably won't look at the documents at all. They rarely do. Bring them just in case though. Just explain it the way you did here. Tell the Officer why you will be coming back while you wait for the EB3 to become current (other than the desire to avoid going illegal). If you have other work contracts in a non-US country, that would help. 

 

It's a tricky case, so I wouldn't keep my hopes too high, but I think that if you just honestly explain your intentions you could very well get a desired outcome. It does make a lot of sense to me.  

[appleblossom 2,486]

1 hour ago, BulgarianGuy92 said:

do i have to wait 2 more years for the interview ... PD June 2022 , and now NVC is sending cases to embassies from OCT 2020 .i also know a woman who's got a PD in August 2020 and still haven't got scheduled for interview in her country

 

Likely to be much longer than 2 years IMO. They've already said there will be 'very little to no forward movement' in the coming months for employment categories. Is there any way you could qualify for EB3 instead? 

 

Which category is the woman you know in? If her PD is current then it must be a country with a long interview wait (Pakistan, Canada, Nigeria etc). 

 

All you can do is apply for the non-immigrant visa, it's worth a try. Good luck.

 

 

Edited March 12 by appleblossom

[Ontarkie 14,221]

~~Moved to Work Visas, from Working and Traveling During Immigration~~

Edited March 13 by Ontarkie

[BulgarianGuy92 1]

8 hours ago, appleblossom said:

 

Likely to be much longer than 2 years IMO. They've already said there will be 'very little to no forward movement' in the coming months for employment categories. Is there any way you could qualify for EB3 instead? 

 

Which category is the woman you know in? If her PD is current then it must be a country with a long interview wait (Pakistan, Canada, Nigeria etc). 

 

All you can do is apply for the non-immigrant visa, it's worth a try. Good luck.

 

 

• I don't know if i can switch  from Eb3 Unskilled to EB3 Skilled workers. honestly i don't want to go tru this process one more time . Also i am using the services of an agency and already paid 13k , so i will stick with my current sponsor . when i sign with this agency i was under the impression that the process takes 2-3 years  (back in 2022) . 
• So the woman that have a current PD is from Thailand . she said she is DQ-ed  and have been waiting for couple of months for an interview, but still nothing.
•  what's the worst thing that can happen if i apply for H2B now ? If i get denied h2b  later at the interview for eb3 they will most likely ask me about this  ( ps. so far i don't have a visa denial 2014 to 2023 ) .  Or if from the embassy they give me  h2b  i can also get denied entrance in USA from airport immigrational officer if he decide that i am a potential illegal immigrant . and that i have to explain  this when it comes at the eb3 visa interview ... 

[Boiler 45,489]

Do you mean Lawyer not Agency, your Employer pays the costs so this seems very odd. And even then legal fees should be less than 13k

[appleblossom 2,486]

6 hours ago, BulgarianGuy92 said:

• I don't know if i can switch  from Eb3 Unskilled to EB3 Skilled workers. honestly i don't want to go tru this process one more time . Also i am using the services of an agency and already paid 13k , so i will stick with my current sponsor . when i sign with this agency i was under the impression that the process takes 2-3 years  (back in 2022) . 
• So the woman that have a current PD is from Thailand . she said she is DQ-ed  and have been waiting for couple of months for an interview, but still nothing.
•  what's the worst thing that can happen if i apply for H2B now ? If i get denied h2b  later at the interview for eb3 they will most likely ask me about this  ( ps. so far i don't have a visa denial 2014 to 2023 ) .  Or if from the embassy they give me  h2b  i can also get denied entrance in USA from airport immigrational officer if he decide that i am a potential illegal immigrant . and that i have to explain  this when it comes at the eb3 visa interview ... 

 

$13k?!? Blimey, that's ridiculous, I hope it's a proper immigration lawyer for that price and not a dodgy 'visa agency'. And as Boiler said, why are you paying? The employer should be.

 

If you are eligible for EB3 then it would mean you'd get a visa much sooner, so may be worth going through it all again. Your employer should be able to sort it for you if so - they'll presumably be much happier with you being able to start work sooner anyway.

 

The woman from Thailand is just expecting too much too soon, even the quickest consulates are 2-3 months from DQ to interview date. And it depends on her visa category of course, it may not be current yet. 

 

The only bad thing that I can think of if you did have your H2B refused is that you may struggle to visit the US as a tourist in the future. Often a visa refusal can impact a VWP or B visa application. It shouldn't impact your IV app at all.

Edited March 13 by appleblossom

[BulgarianGuy92 1]

14 hours ago, appleblossom said:

 

$13k?!? Blimey, that's ridiculous, I hope it's a proper immigration lawyer for that price and not a dodgy 'visa agency'. And as Boiler said, why are you paying? The employer should be.

 

If you are eligible for EB3 then it would mean you'd get a visa much sooner, so may be worth going through it all again. Your employer should be able to sort it for you if so - they'll presumably be much happier with you being able to start work sooner anyway.

 

The woman from Thailand is just expecting too much too soon, even the quickest consulates are 2-3 months from DQ to interview date. And it depends on her visa category of course, it may not be current yet. 

 

The only bad thing that I can think of if you did have your H2B refused is that you may struggle to visit the US as a tourist in the future. Often a visa refusal can impact a VWP or B visa application. It shouldn't impact your IV app at all.

•  the word doggy is actually correct to explain those  recruiting agencies . i hear so many horror stories about people paying 20-30 k for a sponsor and than this sponsor go bancrupt .  I am using the services of a recruitment agency and 13k is just par of the whole payment .I tried finding an immigrational lawyer , but they said i need to find an US employer and that is not so easy . With this agency i start the process with an US company who have past the prevailing wage  determination and i got my PD without waiting for this. ( Actually for LC i waited for 9 months).  i also tried to contact a dental technician laboratory in Chicago , so i can start the process on Eb3 skilled category, but i got no answer from this business.
• at the moment the lower end of this service- agency+ sponsor+ lawyer  is 17k (Rubby Law) and it get up to 32k (BVD)
• about the h2b job offers- they are not many and it's not easy to be found. in the past there was no problem for me to get a job on h2b  for a seasonal job in the fish processing industry in Alaska .from 2018 to 2023 that was my occupation , but last summer many people from eastern Europe who are regular employs didn't get job offers (political reasons, overfishing from previous seasons, cheeper flights for employs from Mexico and Latin America, fish processing companies pushing harder to hire local workers from USA , also they have a lot of ukrainian workers that  stayed in US , etc...) .

[BulgarianGuy92 1]

17 hours ago, Boiler said:

Do you mean Lawyer not Agency, your Employer pays the costs so this seems very odd. And even then legal fees should be less than 13k

it's an agency ,  for me is not a problem to pay a little extra, because i couldn't find a us company to sponsor my green card. 

[Boiler 45,489]

This sounds like BDV Solutions.

 

To use a US term a Hail Mary, some seem to get approved.

[BulgarianGuy92 1]

12 hours ago, Boiler said:

This sounds like BDV Solutions.

 

To use a US term a Hail Mary, some seem to get approved.

 yes, there are many many people who sign up with BVD...and are happy , some are angry ... i have heard from one person that currently one of the payment option is 32k . i am with MCC 23k total, 13 before i start working for my sponsor and 10 after i start working in USA .

[Boiler 45,489]

I have heard of MCC, forget when and where, I thought they were S America focussed.

 

Some seems to succeed bit as you imply very much a roll of the dice and no money back.

 

Now I think of it I think it was a Doctor who got an EB3 for him and his family to work driving a delivery van in the Chicago area.

[appleblossom 2,486]

3 hours ago, BulgarianGuy92 said:

 yes, there are many many people who sign up with BVD...and are happy , some are angry ... i have heard from one person that currently one of the payment option is 32k . i am with MCC 23k total, 13 before i start working for my sponsor and 10 after i start working in USA .

 

Blimey. $23k is utterly ridiculous for what is presumably a fairly low wage job? 

 

And I'm amazed that it's not illegal to charge the employee for that service rather than the employer. Pretty sure it is here in MA. 

[Boiler 45,489]

4 minutes ago, appleblossom said:

 

Blimey. $23k is utterly ridiculous for what is presumably a fairly low wage job? 

 

And I'm amazed that it's not illegal to charge the employee for that service rather than the employer. Pretty sure it is here in MA. 

All the jobs I have seen have been minimum wage but there may be ones slightly over.

 

It seems to be the deal is that you work for a year at minimum wage, not sure if the Employer gets a kick back, seems not, they get someone at minimum wage for a year with no spend.

 

Actually there is no requirement to stay with the Employer for a year but that seems implied.

[BulgarianGuy92 1]

11 hours ago, appleblossom said:

 

Blimey. $23k is utterly ridiculous for what is presumably a fairly low wage job? 

 

And I'm amazed that it's not illegal to charge the employee for that service rather than the employer. Pretty sure it is here in MA. 

 it is a law wage job, in a small town in Montana  (average rent  for a single room is 800$ and above).

[BulgarianGuy92 1]

11 hours ago, Boiler said:

All the jobs I have seen have been minimum wage but there may be ones slightly over.

 

It seems to be the deal is that you work for a year at minimum wage, not sure if the Employer gets a kick back, seems not, they get someone at minimum wage for a year with no spend.

 

Actually there is no requirement to stay with the Employer for a year but that seems implied.

 from what i have heard if you don't finish your contract that might cause problems later when you apply for citizenship . Some people suggest to stay with you sponsor at least 6 months so you show  good intention  and not just take advantage of the immigrational process and the sponsor .