Visiting US from Canada

[CanTex 1]

Hi there. I am here visiting (US) from Canada. I came here for 2 weeks but decided to stay for the six months we are allowed,

while we wait for our K1 approval.

I have been offered a temporary job and was wondering:

1. Will this have any affect on our K1;

2. Do I have to apply for any change in my visitor's status;

3.l Is it just the employer that has to obtain the required documents for the work visa?

I do not wish to make a decision that could/would hurt our ongoing K1 process. Thanks for any help

you can give me.

[Carlawarla 1]

Hi there. I am here visiting (US) from Canada. I came here for 2 weeks but decided to stay for the six months we are allowed,

while we wait for our K1 approval.

I have been offered a temporary job and was wondering:

1. Will this have any affect on our K1;

2. Do I have to apply for any change in my visitor's status;

3.l Is it just the employer that has to obtain the required documents for the work visa?

I do not wish to make a decision that could/would hurt our ongoing K1 process. Thanks for any help

you can give me.

You can't work if you're here visiting. It's illegal. It can definitely jeopardize your K-1.

[CanTex 1]

Is it that we have a pending K1 that I cannot work? Or is that I am here as a visitor? There are ppl from Canada

that come here on temp work visas. Sometimes they may even fall in love, get married and adjust status. Should

I call Customs and Border Control to ask?

Thanks Carla for your wisdom

[Carlawarla 1]

Is it that we have a pending K1 that I cannot work? Or is that I am here as a visitor? There are ppl from Canada

that come here on temp work visas. Sometimes they may even fall in love, get married and adjust status. Should

I call Customs and Border Control to ask?

Thanks Carla for your wisdom

My understanding is that as a visitor you cannot work. That, that is illegal. Anything illegal of course is going to jeopardize your petition. Yes, there are people from Canada that come down on work visas, but they are for people who come down here to work, after the employer has sponsored them from Canada to come down for work, with specific paperwork already filled in. In this economy, I'd find it really interesting that an employer couldn't find any US citizen to do a certain job, that he/she would have to hire outside of the country. As well, people who do come to the US from Canada, usually have to meet certain occupational requirements to get a visa to work here.

Maybe this "temporary work visa" is something I'm not undertanding. Yes, of course there are people who come to the US on a vist, fall in love, or have no intention of marrying when they come to visit a boyfriend, marry and adjust status. But you've got intent already having petitioned for a K-1, which implies your intent to marry, so that's another story altogether.

I'd google just your question, even without the K-1 in process concern about Canadians working in the US while visiting and see what some sites say.

Perhaps someone else can come along and answer your question that has more knowledge and experience about this topic. Another thing I might suggest is posting this question, or asking an organizor to move this topic to the Canada forum where more Canadians might be able to answer this.

The more I'm babbling here the more I'm thinking I shouldn't have maybe replied. Perhaps you ARE right and you can work. I'm sorry if I've confused you or given you any wrong information!

Please post this in the Canada forum if anything.

Here's the link:

http://www.visajourney.com/forums/index.php?showforum=93

[trailmix 77]

Hi there,

Carla is absolutely right, you can't work.

Now it is possible that an employer may be able to apply for some kind of visa for you if you are in some type of highly sought after profession - (like you are a nuclear scientist) - however short of that no.

It's not because you have applied for a K1 - it's just the way it is for everyone.

When you say temp work visa - I assume you mean like a TN visa or a visa where a company in Canada can apply for their employee to work periodically at their U.S. branch - yes those exist - I would venture to say the TN visa would take almost as long as the K1 to procure and as for those other types, i'm not that familiar with them and I don't think that is what you are referring to anyway.

Edited March 13, 2009 by trailmix

[CanTex 1]

There is a nursery here that applies for temporary work visas (H2B). What I have read from USCIS is that the employer applies for and if approved receives authorization to hire immigrant workers on a temp. basis (even in this economic depression they are approved, imagine that). Anyhow, the employer has the employee sign a I9, I believe, indicating that they are eligible to work (are not illegal, have no deportations, etc.). I just read in VisaPro that while here on a temp work visa an USC can apply for a K1 for their SO. Now I am confused and am wondering if it can be turned around so that while I am visiting here, 6 months, in the midst of a K1, can I legally apply for a temp job through a company that has all the paperwork ready for nonimmigrants?

I thank you for your wisdom.

[damulag 26]

all 2009 2nd quarter H2 visas have been issued and the cap has been met. There are no more to be given

[Kathryn41 3,205]

You cannot work as a visitor. You cannot work without a work visa. The employer has to initiate the work visa process. H1B work visas are dual intent - so you can intend to be an immigrant while on this visa. There are no more H1b work visas available for this year. H2B visa workers are not allowed to have immigrant intent. Applying for a K-1 shows that you already have immigrant intent so you are not eligible for an H2b. Working illegally will definitely impact the K-1. You are here as a visitor - visit.