RE: H-1B Visa

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RE: H-1B Visa - 2/27/2007 3:22:35 PM

SusanofO

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Wow, great website, kisshou! I agree (especially after this Winter). If you have much choice, stick w/the Southwest or Western U.S. states, if you don't want to deal with "weather" (of course, it can have its charms, too, that is just my opinion. If you have rarely experienced snowy weather, you might end up liking it, who knows?). Of course every state will have weather quirks, but some don't get really cold, is all.

If I never saw freezing temps again, I'd be a happy camper - but then again, I've been putting up with it all my life. There are some really great U.S.towns that get really cold in the Winter: Minneapolis, NYC, Chicago, etc. But California is great, and so are many Soutwestern states, IMO.

- Susan

< Message edited by SusanofO -- 2/27/2007 3:35:29 PM >

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RE: H-1B Visa - 2/27/2007 3:43:10 PM

cloudboy

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As you have found out, you need an employer to sponsor you. I'm an immigration lawyer by trade, BTW. Just last week I met with a German woman here on a tourist visa, and she too wants to get an employment visa, which means she needs to find an employer and:

A. Sell herself as an employee;

B. Convince the employer to help her through the sponsorship process.

As for you, I would recommend having an immigration lawyer on hand so that you could tell potential employers that you're in a position to take care of all "the paperwork."

As for H1B visas, the problem is that they are maxed out. There is a numerical limit of only 65k such visas a year, and they are all used up.

There are exemptions that may apply for non profit organizations and for Masters Degree Holders.

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RE: H-1B Visa - 2/27/2007 4:06:17 PM

windchymes

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cloudboy, I'm curious now, and you might know....are the laws for cruise ship employees different or exempt in some way? Since they employe people literally from all over the world....but the ships are always coming and going, in port for a few hours then back out at sea. I wonder if they have their own set of laws, if you only need a passport from your own country, or what?

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RE: H-1B Visa - 2/27/2007 4:11:53 PM

losttreasure

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The easiest way? I don't think any way is easier than any other.

I would seriously doubt your ability to get an H-1B visa... not for the kind of position that you are seeking. First of all, you would need to find an employer willing to sponsor you... they would have to be amenable to your not being able to take the position for several months while your application is pending... then they would have to be willing to not only pay for the costs of an H-1B, but be able to obtain a labor certification. Certifcation requires that the employer demonstrates that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

Not going to happen in the hotel and beverage industry, I think.

Were you to already be employed by a firm that had a position available for you in the US, you might be able to be granted an L-1 visa, but you would have to be employed with them outside the United States for at least a year before transferring to the US. Then, the L-1 visa is only for five or seven years, depending upon the type of position it is.

There's also the possibility of an E-1 or E-2 visa... but that would require that you either work for or start a trade operation that has a significant portion of imports/exports to or from the US. I'm not sure carrying drinks over the border qualifies.

Another possibility is if you have "extraordinary" ability and have reached the top of your profession, an employer may seek an advisory opinion from a recognized peer or labor organization and then petition for you to be granted an O visa for the duration of a specific project.

Now, if you could somehow work entertainment into your position, there is the remote possibility of obtaining one of the P visas... but you'd have to be really good.

Which pretty much leaves the student visas, F, J and M. You would have to enroll in a University here in the US to study first. With permission, F visa holders can work part time after they've attended school for a year. J students can only have a paid position if it is an integral part of their study program. An M students can only accept employment for the purpose of temporary practical training related to their study program.

*sighs* It doesn't look good, Benji...

Edited to add:

The above is in no way intended for anything other than entertainment purposes. I'm not an attorney.

< Message edited by losttreasure -- 2/27/2007 4:15:59 PM >

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RE: H-1B Visa - 2/27/2007 4:22:10 PM

SusanofO

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Can't he just move here and apply for citizenship? Be a regular immigrant? I mean, aren't there ever immigrants who don't hold jobs when they come here?

How about the ones who are on tourist Visas? Don't they ever decide to just stay and live here and apply for citizenship?

As far as students...my doctor is from Pakistan. After he completed med school, he just stayed here. I wonder what was involved in that process?

I dd read an article last week in Vanity Fair about how a lot of foreign immigrants are working in jobs beneath their education, just so they can live here, due to the awful conditions in their own country (Sudanese medical professionals working here as bartenders, etc.)

But - what about someone who just wants to emmigrate - they've got to have a pretty good reason for wanting to be here, still?

- Susan

< Message edited by SusanofO -- 2/27/2007 4:39:11 PM >

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RE: H-1B Visa - 2/27/2007 4:34:20 PM

SusanofO

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Okay - who here in the U.S. wants to temporarily marry benji?

Don't worry benji, I am sure you will have plenty of offers (really). Wow. Your mailbox will probably be jammed now.

I know someone who did this to emigrate from Iran. It worked, and they've been a citizen now for many years.

- Susan

< Message edited by SusanofO -- 2/27/2007 4:40:19 PM >

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RE: H-1B Visa - 2/27/2007 5:42:57 PM

losttreasure

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quote:

ORIGINAL: SusanofO

Can't he just move here and apply for citizenship? Be a regular immigrant? I mean, aren't there ever immigrants who don't hold jobs when they come here?

How about the ones who are on tourist Visas? Don't they ever decide to just stay and live here and apply for citizenship?

Honestly, I don't know. There are other methods that I'm not terribly familiar with because they don't relate to employment (my specialty). As for ways to actually relocate to the United States (not just temporarily visit), off the top of my head I know there's being married to a US citizen, and requesting assylum.

There's also the annual "green card" lottery... the Diversity Visa Program, as it's called. That might have actually been a viable option for Benji had Canada not already sent so many immigrants to the US in the last five years. Apparently Canadians were disqualified from the program this year. But who knows... maybe next year?

< Message edited by losttreasure -- 2/27/2007 5:45:20 PM >

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RE: H-1B Visa - 2/27/2007 8:01:39 PM

SusanofO

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Well, thanks for answering. Gosh you know a lot about Visas as they relate to employment.

- Susan

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RE: H-1B Visa - 2/27/2007 8:36:19 PM

losttreasure

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quote:

ORIGINAL: SusanofO

Well, thanks for answering. Gosh you know a lot about Visas as they relate to employment.

- Susan

You're welcome.

I've had substantial experience with them in my profession.

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RE: H-1B Visa - 2/28/2007 5:42:35 AM

kisshou

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quote:

ORIGINAL: SusanofO

Can't he just move here and apply for citizenship? Be a regular immigrant?

okay Susan,

I was cracking up laughing reading this post so I checked your profile and see you live in Nebraska.

As someone who lives in Florida I can tell you what happens to people who try to just 'move' here.

They get rounded up on the beach and shipped back.

They get cuaght on the water and their vessel gets turned back around.

I know of students who came on visa's then attempted to just stay. Some had fallen in love had boy or girl friends, some were even from England, they all ended up deported sooner or later.

This is one of those areas where it pays to hire a lawyer and follow the correct procedure. If you try to circumvent the law you can then find yourself disqualified.

Benji's best bet would be to use his heritage to his advantage and try to get a job with a wealthy family as a butler or a male nanny.

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RE: H-1B Visa - 3/1/2007 6:27:15 AM

cloudboy

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quote:

ORIGINAL: windchymes

cloudboy, I'm curious now, and you might know....are the laws for cruise ship employees different or exempt in some way? Since they employe people literally from all over the world....but the ships are always coming and going, in port for a few hours then back out at sea. I wonder if they have their own set of laws, if you only need a passport from your own country, or what?

I don't know the answer to that question. In the US, though, several tourist industries and locations fill their jobs with seasonal and temporary workers in a sub H category for unskilled labor.

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