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If you are a visitor from another country, and you came in…

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If you are a visitor...
If you are a visitor from another country, and you came in with a visitor visa to this counrty can you work for the time you are here?
Submitted: 3 years ago.Category: Immigration Law
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7/3/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,840
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.
You have to change status to a status that allows you to work. What was the visa that you used to enter? A B-2 or an ESTA? And what level of education do you have? In what? Do you have a job offer? Doing what?
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
I'd like to help, but it is important that you respond. You are NOT charged per question nor per response nor per answer, so it costs you nothing to respond to me. What was the visa that you used to enter? A B-2 or an ESTA? And what level of education do you have? In what? Do you have a job offer? Doing what?
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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. If you entered on an ESTA Visa Waiver, you cannot change status to anything else inside of the U.S. If you entered on a B-2 tourist waiver, you MIGHT be able to change to a worker type status, but you are NOT allowed to work while on visitor status. 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 that level of education, but you are from a country specified on a certain list (which I will provide you with that link to the list in a moment), you may be eligible for an H-2B visa. 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 caphttp://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants And finally, there is the J-1 exchange visitor visa where you might be able to work. Be very careful with these. Many require that you go home for 2 years before you can get other types of status in the U.S. or Residency even if you marry a U.S. Citizen. Many people are so desperate to come and stay that they don't care about the 2 year rule, but when their stay expires, then they really regret it. Here is a link on how to find a J-1 program: http://j1visa.state.gov/programs/ 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 even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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!
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Thank you for your kindness and respect. Good luck to you.
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