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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106212
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hii, I have c1d visa and my joining is in miami and I would

Customer Question

Hii
JA: Hello. How can we be of help?
Customer: I have c1d visa and my joining is in miami and I would like to work in US. So can I stay with c1d visa? I'm a seaman
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: My friends are there in US illegally They have c1d visa
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 7 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 days ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 7 days ago.

Sorry about the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You are coming into the U.S. on the ship that you are a crewmember of or coming to meet the ship that you are a crewmember of?

Expert:  Guillermo J. Senmartin, Esq. replied 5 days 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. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

The crewman visa is one of the worst visas to have. If you overstay, you CANNOT get Residency in the U.S. unless you get it through Asylum or Cancellation of Removal or similar relief. This means that marrying a U.S. Citizen will not get you a green card and not even having U.S. Citizen children that petition for you will not get you a green card. So no, you cannot stay in the U.S. and work while on a C-1/D crewman status. I am truly sorry for the bad news.

If you have a high enough education and you apply from OUTSIDE of the U.S. (since you cannot change status while on a C-1/D as a crewman, you might 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, 2017 to start working on October 1, 2017 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 do not have the high education but you are from a country that the U.S. allows to have it, you can try for an H-2B worker visa again, from outside of the U.S. since you cannot change status while on a C-1/D crewman status. 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

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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