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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105682
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am in the US on a b2 but I would like to change my status

Customer Question

Good morning I am in the US on a b2 but I would like to change my status so I can work I already have the i-765 filled out up to question 16 but I am not sure what glass to put there
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It's not easy to get a work permit. You have to have a basis for it. When does your stay in the U.S. expire? What status do you plan to get into in order to get a work permit? What level of education do you have? Do you have money to invest? How much? And what country are you from?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You cannot qualify for a work permit being on a B-2 tourist visa. You have to have some other status. I have to figure out which status you can qualify for and if you do not respond, it makes it very difficult to respond. Please respond because it doesn't cost you anything to respond.

What level of education do you have? Do you have money to invest? How much? And what country are you from?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Honestly, I don't know why you are not responding. It would make this much easier if you did. If you have a bachelor's degree or higher, you may be eligible for an H-1B visa. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

If you don't have the education necessary for an H-1B, you can try for an H-2B if you are from a country that qualifies. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for you. This is to prove that you would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

Also, if you are from Canada or Mexico, you can try for a TN visa if you are in one of the listed professions and have job offer. Here is a link:

http://travel.state.gov/content/visas/en/employment/nafta.html

And if you are from Australia, there is also a professional visa available from them:

http://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia

If you are from a qualifying country and have around $200,000 or more to invest, you can try for an E-1 or E-2 visa:

http://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

If you own a business outside of the U.S. for more than 1 year and will continue to run that business, you can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die:

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

I hope you find this helpful. It would have been much easier had you responded to my questions.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

Customer: replied 1 year ago.
Sorry about my none response issue it's due to a mobile issue with my data I don't see my self qualifying for those situations maybe the investment type e1 or b2 but that's about it
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. No problem. What country are you from? And how much money do you have to invest? And in which city and state in the U.S. will you open the company?

Customer: replied 1 year ago.
I am from Jamaica and I may have just about jm $180000 Georgia maybe
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Being from Jamaica, you can qualify for the E-2. That should be a good enough investment. While the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. But at $180,000, you should be close enough especially since you are not opening the business in a location that has a high cost of living like New York or Los Angeles.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 1 year ago.
Thanks for your help I will contact u when I am sure of how I will approach this
I may have to use your services when I start the process could you give me an idea as to the costs to assist in making such a move with you representing me
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That's tough to say. A reasonable attorney fee for such a case could range from $5000 to $10,000 or more plus costs depending on the complexity of the case and a few other factors.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!