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I'm a veterinarian and I'm thinking mostly long term after my studies are done. Right now I'll be working full time as a resident with my salary covered under an teaching assistantship. After I finish though I'm assuming that's it and I have to go back home and if I find work apply again under the TN-1. I'm hoping to find out it there's any easier way to transition to working down there after I graduate again.
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Apr 27, 2014 23:24
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If it's an assistantship and your primary purpose is studying then you would be an F-1 student. You can do OPT after you graduate and (hopefully) transition to an H1 afterward.
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Apr 28, 2014 01:14
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systran posted:If it's an assistantship and your primary purpose is studying then you would be an F-1 student. You can do OPT after you graduate and (hopefully) transition to an H1 afterward. I'm Canadian though, so the university is saying I don't need a visa at all apparently? It's a little bit confusing. Or maybe I just get it as soon as I present at the border
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Apr 28, 2014 01:54
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You don't need a visa STAMP, but you need an I-20 and you will have an F-1 visa status. So the stamp you get in your passport will not be required, but you will still have to have an F-1 visa status and follow all the rules, restrictions, and regulations of it. Since you have an assistantship lined up, that is fine and fully permissible on the F-1 visa status provided you are working 20 hours per week or less and on campus. Once you start OPT you can do it anywhere as long as it's related to your major as defined by the CIP code on the I-20.
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Apr 28, 2014 02:01
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Former DSO checking in: Check with your advisors/DSOs/International Center about seventeen times before starting work anywhere. Unauthorized work is one of those "We're going to throw you out of the US and never allow you back" things. They don't gently caress around with it whatsoever. Get your poo poo lined up, documented, approved, and looked-over once again before doing anything.
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Apr 28, 2014 19:50
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I do online freelance writing and similar stuff, and it'd be very handy if I could still do said work in the US while my status is being adjusted from fiancee visa. Does that sort of thing get treated the same way? I'd assume the answer is a pretty categorical yes because, as you say, they don't gently caress around with it. But given that it has no geographical component and I can do it from any device that can get online, and it's literally the exact same work for the exact same sites, I'm hoping there might be an exception.
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Apr 28, 2014 20:19
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Mister Adequate posted:I do online freelance writing and similar stuff, and it'd be very handy if I could still do said work in the US while my status is being adjusted from fiancee visa. Does that sort of thing get treated the same way? I'd assume the answer is a pretty categorical yes because, as you say, they don't gently caress around with it. But given that it has no geographical component and I can do it from any device that can get online, and it's literally the exact same work for the exact same sites, I'm hoping there might be an exception. You can apply for a work authorization independent of your green card and may get it sooner; my wife did.
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Apr 29, 2014 00:27
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If you are physically in the US and you are getting paid to do something, it is very likely that USCIS will interpret that as employment, even if it is technically something that you could be doing from anywhere and might have been doing before you came here. This is doubly true if any of those companies paying you are also in the US. Even if those companies are outside the US, it's not really an appropriate arrangement under a fiance visa. People can come to the US and do work in the US while being paid by a foreign company, but usually that relies on the trip to the US being part of your duties and is the province of a B visa (i.e,. your company is sending you here for meetings, training, installation, etc.) I mean, if someone is here to see Disney World and they happen to check their email and skype with their office (technically working) no one is actually going to care. But you are adjusting, and presumably have more invested in not loving up your immigration. Just wait for work authorization to come through, don't make yourself problems.
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Apr 29, 2014 14:51
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Yeah that's pretty much what I figured, but thank you for the confirmation of it all. You remain a top poster 
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Apr 29, 2014 18:11
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So here's my case: I'm currently a holder of a B1/B2 visa looking for a job in the US. There is an employer interested in me but I'm not sure how to make it work. The H-1B 2015 cap is closed and the employer is not exempt. Is it possible to get a J-1 visa and then have the employer petition for H-1B eventually? I'm a recent graduate but the job would be pretty much outside the area I studied so I'm not sure if I could be granted a J-1 visa for that.
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May 2, 2014 23:04
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I work as a J-1 advisor, but the J-1 visa has a lot of different categories, which one are you considering? I only really deal with Research Scholar, Professor, Student Intern, and Student categories. Generally you can't do stuff on a J-1 if it's outside your field, but give me details about the job and I can try to tell you if it would work. The most employment-like thing I see on J-1 Research Scholar is post-doc work. Keep in mind that J-1 visas are not like H-1 visas in that employers can issue them; For the most part, only universities can issue them, but with some exceptions like Fulbright and some hospitals etc. The J-1 visa is SUPPOSED to be cultural exchange, but people abuse it all the time as pure employment and often use it as a stepping stone to H-1. It's okay to transition from J-1 to H-1, but if you're on the skill list or have government funding, you will get subjected to 212(e) and then you'll have to try to waive that before you can get an H-1. By the way, a lot of times employers will tell you that you can do stuff on a B1/B2 visa, and 90% of the time they didn't check with anyone who knows what they are talking about and are wrong. Even if you aren't getting paid, there are very few activities permissible on a B1/B2 visa, but the employer is more likely to be the one who gets in trouble than that if you got caught. If you are Canadian you might want to look into TN, and if you are SUPER SKILLED you could look into an O1.
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May 3, 2014 00:26
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systran posted:Keep in mind that J-1 visas are not like H-1 visas in that employers can issue them; For the most part, only universities can issue them, but with some exceptions like Fulbright and some hospitals etc. I'll defer to you on most J-1 stuff because it's not a category I work with a lot, but I do want to note that there are also sponsorship organizations that basically mediate between applicants and hosts - essentially, they will vet a position with a company and if they feel like it's legitimate for the J-1, they'll issue all the documents for it. Here is an example. But yes, this is supposed to be for something like bringing in an international intern for them to learn about America and for you to learn about their culture - it is not intended to displace American workers. So a position that is simple 'please come take this job on the cheap' will only fly with a shady sponsorship organization. If the employer is serious they should look up a lawyer. We consult with business clients basically for free on the understanding that doing that makes it much more likely to bring their additional business to us - we especially don't charge people if all we can do is tell them they're boned.
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May 3, 2014 04:15
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So from what I've read the visa lottery is shutting down, so for someone like me who's not rich or super skilled in a profession the only way in would be marrying an American girl? Or am I dumb and missing something?
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May 3, 2014 13:57
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So the only thing killing the DV lottery that I am aware of is the SKILL Act - I believe it's just another variation of the act that has been around for several years and fails to get off the ground. If that's not what you mean, I'd appreciate a link or something. Personally, I don't really expect the lottery to go anywhere until congress is prepared to take some sort of action on immigration in general, and so far that has been totally dead in the water - it's one of the areas where lots of different interests converge oddly and no one can seem to come to terms with it. In particular its a nightmare for the current republican party because the ideological fringe basically wants to deport everyone, while the business interested variety would like some reasonable reform - and people paying attention to the world realize that going crazy is a great way to alienate tons of voters. Assuming the DV was just killed though, the only options remaining would be basically through family, through work, or through humanitarian relief (asylum and refugee). Family is more than just a spouse, and you do not have to be 'super skilled' to get in on work - I have handled immigration cases for auto mechanics and cooks. What those do require, though, is companies that are really committed to bringing you in.
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May 4, 2014 02:16
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Ashcans posted:So the only thing killing the DV lottery that I am aware of is the SKILL Act - I believe it's just another variation of the act that has been around for several years and fails to get off the ground. If that's not what you mean, I'd appreciate a link or something. It should be noted that many of the non-spouse family categories are heavily retrogressed especially from certain countries. Sibling visas are retrogressed back to 2001 unless you're from the Philippines or Mexico in which case you'll be waiting at least 18 years.
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May 4, 2014 04:54
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Hi, I'm Canadian but lived in the States when I was a kid under my parents work visas which we had to renew once a year at the border. I'm back in Canada now. I was going to Marry a woman from California and move down there but didn't really know the process. I really would like Dual Citizenship because I like being Canadian but I thought I heard that the US doesn't really do Dual Citizenships. I honestly don't know anything about them, was going to look it up but haven't had a chance yet. I am in school upgrading my skills to EMT Advanced and am looking into equivalency crossover to the area I would be working in (California) but I see no problem matching skills/protocols. I am also Metis. That should be relevant because it is one of the Indigenous/Aboriginal peoples covered in the Jay Treaty (First Nations, Inuit, Metis) (AKA Native Americans, Eskimo, Half Indian/Half Something else) http://www.loc.gov/rr/program/bib/ourdocs/jay.html However 16 years ago I had a Sacramento Immigration officer throw out my application for upgrading my Visa to a Permanent one so I could go to school/get a loan/continue to live in the US. He said that he personally doesn't recognize the Jay Treaty. A clerk was going to pass me, but needed a supervisor signature and the supervisor shut it down. Awesome quotes "What right do you have to be in my country?" quote:As a result of the Jay Treaty, "Native Indians born in Canada are therefore entitled to enter the United States for the purpose of employment, study, retirement, investing, and/or immigration".
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May 4, 2014 05:37
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Ashcans posted:So the only thing killing the DV lottery that I am aware of is the SKILL Act - I believe it's just another variation of the act that has been around for several years and fails to get off the ground. If that's not what you mean, I'd appreciate a link or something. I read something about it on visajourney, might've just been BS though.
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May 5, 2014 01:25
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Ashcans posted:So the only thing killing the DV lottery that I am aware of is the SKILL Act Wouldn't it rather be this? It passed the senate last year.
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May 5, 2014 03:12
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flavor posted:Wouldn't it rather be this? It passed the senate last year. Thats the comprehensive reform bill (I think), and the general opinion from people is that it is dead in the water because it's not getting out of the house without republicans on board and none of them want to touch it because immigration is one of the things that explodes into a civil war for them. I mean, I want to make it clear I am not a policy person and it's not like I have any particular insight into what congress will do, but a full overhaul of immigration is a huge undertaking and this just doesn't seem like the congress that's going to get poo poo done. They can't even up the H-1B cap, which is pretty low-grade stuff as immigration goes. Also: Crane posted:Hi, I'm Canadian but lived in the States when I was a kid under my parents work visas which we had to renew once a year at the border. If you want to know about the spouse-based process, this is a bare-bones primer. There are also tons of websites with people taking about this and I know a number of other readers in this thread have done it personally so I am sure they can chime in. But please read up on the process first. Regarding dual citizenship, read this. The US doesn't have specific provisions for dual nationality that some countries do, but recognizes that it is a thing and doesn't make citizens surrender their prior citizenship. Many people hold dual citizenship without any issue. quote:I am also Metis. I have never dealt with this before and honestly I was surprised to find out it exists. How about that. The best information page I can find on it is this one with the US Embassy in Canada, which I guess you should read. Notably it says that you have to be 50% American Indian - it also mentions restrictions on Metis, but I do not know enough about the whole thing to say whether that means you qualify. quote:However 16 years ago I had a Sacramento Immigration officer throw out my application for upgrading my Visa to a Permanent one so I could go to school/get a loan/continue to live in the US. He said that he personally doesn't recognize the Jay Treaty. A clerk was going to pass me, but needed a supervisor signature and the supervisor shut it down. Awesome quotes "What right do you have to be in my country?" The fact that you have had your permanent residence denied previously may be an issue and if you want to pursue immigration to the US you should probably consult an attorney to try and work out what happened and if it will cause you problems in the future. The officer would have had to enter some sort of justification for a denial, which could create prejudice.
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May 5, 2014 22:04
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Yeah I thought the Jay Treaty was neat when I first heard about it. Well I was able to adapt and I'm doing good now. Maybe it was a good thing because I would probably be paying off a huge student loan for a tech/career that I hate now. Thanks for all the info, especially this: quote:The fact that you have had your permanent residence denied previously may be an issue and if you want to pursue immigration to the US you should probably consult an attorney to try and work out what happened and if it will cause you problems in the future. The officer would have had to enter some sort of justification for a denial, which could create prejudice. I never considered the past rejection would come up as it didn't have any good reasoning. (Not like I was rejected for being a Criminal) He said he used to work the B.C. Border and that well, I should just get lost. The clerk who needed his signature looked absolutely horrified the entire time. He just kinda froze. I was kinda shocked and was young and timid after the whole thing so I only really complained to my Metis rep in Canada. New developments are strengthening the Metis status as a First Nations (pre borders) where they were just kinda shuffled off to the side before, I have my Metis documentation so I'm all set. In the next year or two I'll be considered more strongly in the First Nations/Inuit group and not just be a half-breed.
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May 6, 2014 22:32
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So... hypothetically speaking, how bad would things in Ukraine have to get before a citizen could apply for some kind of asylum?
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May 7, 2014 16:55
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So, I'm a BS/MS/PhD currently at Stanford (I'm from New Zealand) on a J-1 visa as a postdoc "research scholar". For some reason, my original DS-2019 and visa were only issued for one year, and will run out in August. My boss wants to keep me on (I assume, we haven't had a proper pow-wow about it), and I'm assured by the university that I can extend my DS-2019 for up to four more years. However - my fiancee is doing her PhD in Germany (she's also a NZer) and I'd like to occasionally visit her instead of having her visit me all the time. Am I right in assuming that since my actual passport visa expires in August that, despite being legally in the U.S with a DS-2019 that covers up to 2017, I will not be able to exit and re-enter the country unless I renew the physical visa? If so, I'm under the impression I have to travel to the consulate in my home country to renew it, and I can't just rock up to somewhere in the U.S to do it? 'cos that's a total bummer, and super expensive! SuperiorColliculus fucked around with this message at 01:22 on May 8, 2014 |
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May 7, 2014 23:39
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According to http://www.nzcgla.com/new/passports.php , you can courier the application to the New Zealand Passport Office Department of Internal Affairs PO Box 1568 Wellington 6140 New Zealand or the DIA Passport office in the NZ High Commission in London. It specifically mentions you courier the application, nothing about appearing in person. **Easier way ** "Already have a New Zealand passport? Even if your existing passport is expired, most people can use the online renewal form when it's time to replace it." http://www.passports.govt.nz/Adult-passport-renewal---form Wow. Online renewal. Getimmaaw fucked around with this message at 00:03 on May 8, 2014 |
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May 7, 2014 23:59
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You can call the US consulates in Germany and see if they will give a new J-1 visa stamp to you there. If not, you can try in Canada or Mexico (Canada will almost always say yes): http://travel.state.gov/content/visas/english/general/nonimmigrants-present-visiting-canada-mexico.html You're correct though that you would need a new valid J-1 stamp to exit and re-enter the US, not just the valid DS2019 Form.
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May 8, 2014 00:02
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Getimmaaw posted:According to http://www.nzcgla.com/new/passports.php , you can courier the application to the This is for passport renewal and this is from the government of NZ; he needs the US government (via a consulate in another country) to issue him a J-1 visa stamp. He can't do that with the link you gave.
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May 8, 2014 00:03
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systran posted:This is for passport renewal and this is from the government of NZ; he needs the US government (via a consulate in another country) to issue him a J-1 visa stamp. He can't do that with the link you gave. ah, poor reading comprehension!
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May 8, 2014 00:04
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Also if it's not already clear, don't bother to do this until you get your DS2019 extended
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May 8, 2014 00:06
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I have a question with regards to student visas. I'm from the UK and I've been accepted on an MFA course in the US, and I'm currently waiting on and I-20 from the university so I can continue my F-1 Visa application. I know that the F-1 allows me to enter the US up to 30 days before the start of my course, which would allow me to enter on the 4th August. But I desperately want more time over there before I begin to get settled, and I'm hoping to push it to the beginning of July instead. I am aware there may be a way for me to enter the US earlier on a visitors visa and then transfer it to a student visa while I am over there. How legitimate is this course of entry, and how likely am I to run into trouble with it? The timing would be aiming to enter by early July, and term begins on the 3rd September. I understand I may be able to work directly with the university to change my visa over, and I would not need to leave and re-enter the country to switch. Disclosures: I'm partly studying because I want a way to live with my boyfriend, but I am also choosing a course that is highly relevant to my career goals and I have a genuine desire to go back into education. He is generously covering all of my costs as a sponsor for me, and has proof that he is able to do so. I have very little money of my own and I am self employed as a freelance illustrator (I worry this will pose an issue for a visitors visa). I have recently spent 3 months in the US on a visa waiver, returning back on the 29th April. It was my first trip to the US.
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May 9, 2014 17:56
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Natalie Fartman posted:I have a question with regards to student visas. First problem - if you enter in July on a B-2, then attempt to change to an F-1, you a) won't be able to start the Change of Status application until you arrive in the US b) won't be able to study until the COS is approved, which (as of December) was taking 4-5 months, which means delaying your studies until January (assuming your school has a January starting semester) Second problem - if you enter the country on one visa type (in this example, a B-2 visa), but you enter under false pretenses and your only goal is actually to study, it's a VERY good reason for them to deny you a change of status. Not saying it's automatic, but I had it happen to a few of my students. If someone came to my office with this plan of attack, I would do everything in my power to convince them that this is a dumb loving idea. But hey, if you do it and it works, more power to you.
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May 9, 2014 19:42
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This is exactly the kind of answer I was looking for, and also dreading. Thank you. I did wonder if the timeframe was too short and clearly it is.
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May 9, 2014 20:42
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You know it's funny, because I remember doing exactly that same thing when I came to the US so many years ago. I was going to be starting university in the fall, but I came into the country in the summer with my family so that we could have a vacation and they could help me get situated before school. I remember that we basically just explained it to the officer and he admitted me in F-1 status like two months early with no fuss. Please note I am not suggesting that you try this - I did it pre-9/11, in days when I was able to get my student visa by having a courier drop off the application at the embassy and then pick it up later that day. How much stuff has changed.
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May 9, 2014 21:50
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What if I were to enter on a visa waiver again for a few weeks, and then leave/reenter on my student visa at the appropriate time? would that throw up some red flags? Its considerably more costly, but on the other hand, it allows me to bring more stuff with me.
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May 9, 2014 22:00
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Natalie Fartman posted:What if I were to enter on a visa waiver again for a few weeks, and then leave/reenter on my student visa at the appropriate time? would that throw up some red flags? Its considerably more costly, but on the other hand, it allows me to bring more stuff with me. I had a western-European student who wanted to travel back home and her visa was about to expire. She was one semester away from a degree but was extremely homesick. Her family had all moved to the US (mom was on an F-1 at our school, dad came on an F-2), but she missed her friends, her extended family, etc. Knowing that her visa was about to expire, she scheduled an interview long in advance. She gave herself plenty of time to go for the renewal interview and (if necessary) to re-apply if she forgot to bring any documents with her. And for students who had already received an F-1, these are usually slam-dunk cases. The student was in good academic standing her entire career, never gave us any problems, and we couldn't wait to see her graduate. Unfortunately, she was denied her visa. The interviewer said that since she no longer had any ties to her home country, they felt the student was entering the US under false pretenses. She went back to apply two or three times, and was denied every time. They just didn't believe that she was going to leave the US when she graduated. She gave them proof that she had a job lined up and waiting for her back in her home country. We wrote a letter on her behalf explaining how close she was to graduating. When she missed the spring semester, we sent her a new I-20 with a summer start date, hoping the extra time would help. When that didn't work, we sent her yet another I-20 with a fall start date. The purpose of the F-1 visa is to study, do your OPT, and go back home to apply your new-found skills. Doing things like entering on a waiver and then re-entering shortly thereafter, or coming over on the B-2 early, or telling them that your boyfriend is currently in the states (especially if he's a US citizen - they'll automatically assume you're just trying to marry him for a green card)... all of this just spells trouble. I'm not an immigration attorney, but I spent about a decade in international student administration (seven years as a DSO). In the strongest possible terms, I am urging you to suck it up and wait the extra month.
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May 10, 2014 00:42
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I am thirding the advice to not try to go early on a waiver. Also, when you go to your F-1 visa interview, don't mention your boyfriend AT ALL.
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May 10, 2014 00:57
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Spike McAwesome posted:telling them that your boyfriend is currently in the states (especially if he's a US citizen - they'll automatically assume you're just trying to marry him for a green card)... all of this just spells trouble. Just something I feel inclined to bring up - you never need to volunteer information to the consulate or border agent. Answer their questions, obviously, but there is no reason to throw your whole life story on the table, and doing so can often be counterproductive. I mean, you can bet that a substantial number of people coming to the US as students are planning on getting into relationships (not for immigration reasons, but because that is something a lot of people do in university) but if you say 'I am coming to study and also date many hot Americans and maybe form lasting relationships!' you are opening the door to questions. The flip side of this is that if you care about your long-term immigration, do not lie to anyone either. If they specifically ask you about family, tell the truth about it. Lying to try to derive a benefit is one of the handful of things that will totally gently caress you forever.
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May 11, 2014 03:22
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Ahh sweet thread. I have spent a bunch of time on VJ trying to find someone in this situation but haven't had any luck. Regarding the I-134 Affidavit of Support form: My US citizen fiance doesn't work and hasn't for many years. He owns property, one of which has a tenant in that pays rent which is enough for him to live off. He also has a lot of accessible money in savings. If he has zero income on his last tax return, will we run into trouble at the interview? How do I know if he needs a co sponsor or something? How do I know if he needs to prove that he owns the property and the value of it? Can we do the AOS with just his savings? I imagine the rent income can be shown on bank statements. From what I can find, it seems like people need to meet an income of 125% of poverty guidelines for a 2 person household; which is $19,662. I don't really know what that means. Is that what people can live off annually in the US? How much savings would my fiance need for them to just not even care about his assets/income?
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May 16, 2014 02:21
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bokbok posted:He owns property, one of which has a tenant in that pays rent which is enough for him to live off. He also has a lot of accessible money in savings. If he has zero income on his last tax return, will we run into trouble at the interview? Which one is it? How does he have zero income on his tax return if he makes enough on rents to live off of? (Hint: rental income is still income, and if he has been omitting it from his tax returns he probably has a nice big tax problem to unravel - and revealing that he has been cheating his taxes will not endear your application to anyone) quote:From what I can find, it seems like people need to meet an income of 125% of poverty guidelines for a 2 person household; which is $19,662. I don't really know what that means. Is that what people can live off annually in the US? quote:How much savings would my fiance need for them to just not even care about his assets/income? Note that this is the minimum required; it doesn't free you from questions. If he puts down that he has enough assets to support you for five years if he sells his home, you can expect someone to ask what the long term plan - what happens now that you don't have a home, or once that money dries up? The more you can show the better, and documenting income is important even if it doesn't reach the level required - you only need to show 5x the different between income and 125% poverty.
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May 16, 2014 03:50
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Thanks for all the helpful info. I'm still waiting for him to send through his last tax return but I guess it will be on there since he's not doing the dodgy on his taxes. It's probably between 10-15,000 only though. Do they take that into consideration along with assets? Being just short of the $100,000 I suppose I'll need to include proof of ownership of the property and its value? Would they accept copies of that or does he have to post the original house title documents to me? That sounds pretty ridiculous, SO MANY HOOPS. It's good to know what questions to expect. We have absolutely no intention of living off savings though. We've just spent the last year travelling between each others countries so we can spend as little time apart as possible. Prior to all the travel though I have an excellent work history and would be getting a job as soon as I'm allowed (suga mama whaaaaat). On my last trip to the US, we moved him interstate to where we are gonna live and so he's looking for work there too. Any chance with that in mind that they would be lenient on the $100,000? If we had $80,000? Super strict on the numbers? I might email the embassy on that one since it's pretty specific.
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May 16, 2014 05:48
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bokbok posted:Thanks for all the helpful info. I'm still waiting for him to send through his last tax return but I guess it will be on there since he's not doing the dodgy on his taxes. It's probably between 10-15,000 only though. Do they take that into consideration along with assets? I've heard stories of some amount of leniency with the I-134, but that still doesn't solve the problem that will arise when he has to file his I-864 when you apply for your green card (word is USCIS is MUCH stricter with that form).
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May 16, 2014 06:52
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Ugh, this $19k point is the bane of my existence, because I make just slightly less.  I can get my dad to co-sponsor but his history with money and the IRS is horrid (he has declared bankruptcy like four times in my life). Is that going to look really bad or otherwise mess it up somehow? edit: forgive another dumb question but can any of my fiance's income/assets count toward the total, or does it have to be (as I suspect) all me? Pikestaff fucked around with this message at 11:13 on May 16, 2014 |
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May 16, 2014 10:59
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