Becoming a Worker from a Visitor while in the US

[Nattybone]

Hi,

I got a question. I got this friend and she used to work in the States earlier on H Visa for 6 months in 2011. She left the US and went back to her home country (South Korea). Now, 2 years later, she has come back to US on Holiday yesterday. Her old employer is saying he can employ her and sponsor her H visa immediately.

Can she do this transfer and start working?

Thanks in anticipation

Natalie -

[peace999]

Yes, she can. If her petition for H-1 is approved , she can apply for change of status from B2( visitor) to H-1.

But there is a downside to changing status in US;

If she needs to travel outside US while on H-1, she will have to apply for an H-1 visa at a US embassy outside US.
or she won't be able to re-enter US.

So, it is advisable that she come back to south korea and apply for an H-1 there . That way she will have a multiple entry H-1
visa stamp on which she can travel in out of US anytime.

[Nattybone]

Yes, she can. If her petition for H-1 is approved , she can apply for change of status from B2( visitor) to H-1.

But there is a downside to changing status in US;

If she needs to travel outside US while on H-1, she will have to apply for an H-1 visa at a US embassy outside US.
or she won't be able to re-enter US.

So, it is advisable that she come back to south korea and apply for an H-1 there . That way she will have a multiple entry H-1
visa stamp on which she can travel in out of US anytime.

Hi Peace999,

That is great. Though the advisable thing is that she goes back and applies afresh, she can start working while still in US, subject to her application getting approved. (She is trying to save the money and hassle of flying back and forth).

Is there a time limit to when she can apply for this work visa? Or, after coming to US, she can anytime apply for this work visa?

Also, how much time will it take for her to get this approval to work in US? Or, will it be faster is she goes back and applies from her home country in South Korea?

Thanks a ton.

- Natalie

[peace999]

Time taken for Petition approval is not dependent on where she is.
Petition is filed by employer to USCIS( immigration) inside US.

It will take several weeks for the approval.
( if filed under PREMIUM it is faster - 15 days- but costs more)

Once the approval is there;
*she can either apply for a visa in south korea or
*change of status from visitor to work inside USA.

[Nattybone]

Hi Peace999,

This is very handy information.

One last question: Is there like a HUGE problem, if she does not go to South Korea for fresh work visa and starts working right while being here? If it is minor trouble, then she can continue from US. But, if this is a MASSIVE error, then i would suggest her to go back and come again.

Please advice.

Thank you.

-Natalie

[peace999]

Like I said, the problem is if she has to leave US; then the status change will not work anymore. She will have to apply for an H-1 visa at embassy all over
to re enter US.

If she has no plans to travel , she can continue working in US.

By the way , what are long term plans after H-1 work?
Does she eventually want to go back to korea or does she want a green card?

[Nattybone]

Like I said, the problem is if she has to leave US; then the status change will not work anymore. She will have to apply for an H-1 visa at embassy all over
to re enter US.

If she has no plans to travel , she can continue working in US.

By the way , what are long term plans after H-1 work?
Does she eventually want to go back to korea or does she want a green card?

Hi Peace999,

Thanks for this help. Me and my friends really appreciate this.

Ok. I spoke with her and she says if she gets the approval to work, she is fine with working here for as long as the visa permits.

She is not sure about the Green Card yet, but can she apply for the Green Card (and get it too) while never leaving the US for S Korea? That will be great, i feel. If that is allowed, we could tell her that she could get the Green Card too, if she continues in US, and i am guessing in the same job.

Please advice on the Green Card bit too, Peace999. If she applies for the Green Card, will she be allowed considering she came as a tourist and became a worker. I realize that Green Card is a long process.

Please advice.

Thanks a ton.

-Natalie

[peace999]

There are several ways to get a GC.

If she is not married, the fastest is to find a US citizen match.

If she wants to go the employment way, it all depends on her education and work field?
what is it?

[Nattybone]

There are several ways to get a GC.

If she is not married, the fastest is to find a US citizen match.

If she wants to go the employment way, it all depends on her education and work field?
what is it?

Hi Peace999,

So, sorry. She has no such plans for marriage.

She has a Masters in Business Management from Paris - and she last worked in US as a Financial Analyst.

But, key question: If she applies for a change in visa and gets it approved. Then she stays on for some years and keeps working and does not change visa again, can she apply for Green Card and get it while still being in the US (while working in US on H visa)?

Please advice.

Thank you a ton.

Best Wishes ~ Natalie

[peace999]

Yes, she can.

Once she is on H-1, her employer can also file an EB2 petition to immigration ( this is a petition for GC under the employment category 2).

Usually there is a long wait for this category for Indians, chinese but she being a korean, she is lucky it is current.
IF the employer agrees to file EB2 , and the petition is approved, she can get her green card in about 2 years, while working on H-1.
You or employer will need to hire a good immigration lawyer to handle EB2 petition .

For more info on immigrant visa wait times

[Nattybone]

Yes, she can.

Once she is on H-1, her employer can also file an EB2 petition to immigration ( this is a petition for GC under the employment category 2).

Usually there is a long wait for this category for Indians, chinese but she being a korean, she is lucky it is current.
IF the employer agrees to file EB2 , and the petition is approved, she can get her green card in about 2 years, while working on H-1.
You or employer will need to hire a good immigration lawyer to handle EB2 petition .

For more info on immigrant visa wait times, go to travel.state.gov and then immigrant visas and then visa bulletin

Ok, i understand it.

Many thanks, Peace999.

2 Years is not bad. Thanks a lot.

So, if she wants she can ask her employer to file for her work visa right away (she came to US on holiday on March 15) and wait for the application approval to come.

And, in 2 years she can stay here permanently once she gets a Green Card.

This is perfect.

Best wishes.

~Natalie

[mickey_mouse]

Ok, i understand it.

Many thanks, Peace999.

2 Years is not bad. Thanks a lot.

So, if she wants she can ask her employer to file for her work visa right away (she came to US on holiday on March 15) and wait for the application approval to come.

And, in 2 years she can stay here permanently once she gets a Green Card.

This is perfect.

Best wishes.

~Natalie

One thing that is missing from this long thread is that changing status from a B1/B2 visa to a temporary worker visa (Hx, Lx) is usually frown upon by the USCIS, for at least two reasons: (a) the assumption that the alien plans were all along to do that (secure a job, change status) and (b) the possibility that the alien, while waiting for COS, will work while present in the US under a visa classification (again, in this case, B1/B2) that doesn't allow for employment.

So be aware that a COS from B1/B2 to H1B has non-trivial chances of being DENIED. And if your friend is lucky, she may be able to go back to South Korea and get her visa stamped there.

[Nattybone]

Hi Mickey Mouse,

So, you are suggesting that changing the visa while in USA is a No No? I fail to get the deal. Agreed she entered on a different visa but she wants to change now and she has someone to sponsor her legitimately.

Why is it such a big deal if she ENTERED as a tourist and now wants to SWITCH.

Anyhow, what you are suggesting is that she should NOT do the switch from US and should apply for it from her home country, correct?

Thank you.

Best
~Natalie

[peace999]

I do not agree with Mickey mouse.

People change status all the time while in US.

The only negative is I mentioned before ; traveling outside US you will have to get a visa stamp to re enter US.
If one does not foresee travel, it is just fine.

[Nattybone]

I do not agree with Mickey mouse.

People change status all the time while in US.

The only negative is I mentioned before ; traveling outside US you will have to get a visa stamp to re enter US.
If one does not foresee travel, it is just fine.

Thank you Peace999,

So it is not viewed by Immigration Department as a problem if someone entered as a tourist and now wants to switch visas and work? Even if it comes across as a premeditated move to switch to work visa upon entering US?

The only problem comes when the person has to travel outside the US. I checked with my friend and she is fine with not travelling outside the US till she gets the Green Card.

So, no problem with switching visas if no travel plans. That is the take away from this.

Thank you many times over, Peace999.

Best,
~Natalie