Visa questions

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Old Oct 17th 2022, 11:13 pm
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Default Visa questions

Hi, hoping someone can help as I not getting anywhere fast with the consulate and my visa agency.

I’ve been told as I just completed a diploma I can apply for a J1 work and travel visa for 12 mths.

I have since found somebody to train me as a graphic designer. So that will come under a J1 trainee programme 18 mths.

Once this expires am I able to apply for another type of visa if so which one? As I will most likely want to stay in the country so trying to find out what my options are and the best way to go about it. Worse case scenario am I able to apply for the J1 work and travel after? How much would the J1 trainee cost me?
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Old Oct 18th 2022, 7:40 am
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Default Re: Visa questions

Hi, welcome to BE.

Firstly, you say 'visa agency' - forget them and only ever use a qualified immigration lawyer. The consulate won't help you with visa eligibility, that's not their job.

If you go on a J1, you may well be subject to the 2 year Home Residency Requirement, which would require you to return to your home country for at least 2 years after completing the program. So that's something to be aware of, and may mean the J visa isn't a great option if you want to stay longer term.

Perhaps look at other visa options? Here is a list of all of them for the US. https://britishexpats.com/wiki/Pulas...ork_in_the_USA If you can let people know more about you i.e. your job, education level etc, then they can try and help steer you in the right direction. Just bear in mind that the US is notorious as one of the toughest countries to move to, so there may not be a suitable visa for what you want to do, but hopefully you can find a way. For a lot of people, it means making it a longer term plan and working towards it over a few years, there's usually a route if you're determined enough though.

Best of luck.
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Old Oct 18th 2022, 8:47 am
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Default Re: Visa questions

Thank you so much for your reply.

I am a qualified dental nurse which I obtained in the UK.

I just completed a diploma in Graphic design in Australia.

Hence the visa agency told me I could apply for the J1 work and travel visa. But as you say I will have to do home residency for 2 years if I go that route. Which I want to avoid at all costs if possible.

I have found someone to sponsor me which the visa agency said I could do the J1 trainee programme. But if I can do a different visa where I don’t have to do return of resident I would like to avoid.

I will take your advice and look into a immigration lawyer. It’s become very stressful as you can imagine as I’m aware of how difficult it is to stay or go to USA.

Anymore advice or recommendations would be much appreciated.

I am a citizen of the UK and Australia.

Thanks

Jade

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Old Oct 18th 2022, 10:22 am
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Default Re: Visa questions

You may not have to do the 2 yr HRR, but it's something to be aware of as it may well be required.

It doesn't sound as though you'd meet the requirements of the J-1 trainee program though from what you've said? https://j1visa.state.gov/programs/trainee/

Not sure what you mean by 'work and travel' program, but you can see all the J-1 categories here and see what you may be eligible for. https://travel.state.gov/content/tra.../exchange.html

HTH.
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Old Oct 18th 2022, 2:24 pm
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Default Re: Visa questions

I would look into becoming a foreign exchange student in US. Maybe pursue a BS degree as a registered nurse which would also possibly lead to visa thru job after graduation. There are restrictions but foreign exchange students can qualify for work study which is a part time job at your university. A major state university that has a lot of foreign students would be best and maybe have lowest tuition. In summers you could return home and work. There is a large number of young foreign university students recruited every summer to work at amusement parks and summer camps thru companies like BUNAC which might be possible for someone already here in foreign exchange status. Nursing would be particularly promising as there is a shortage of nurses with many being recruited and given visa’s. I am native born US and dont know much about visa’s but maybe someone can correct anything that is incorrect.

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Old Oct 18th 2022, 5:04 pm
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Default Re: Visa questions

Originally Posted by christmasoompa

Not sure what you mean by 'work and travel' program, but you can see all the J-1 categories here and see what you may be eligible for. https://travel.state.gov/content/tra.../exchange.html
I think that the posted link provides an excellent overview of the J-1. It should be noted that J-1 allows for the non-citizen to engage in an approved program. As such, it is program centric. The few times I was contacted about obtaining approval for a proposed program, I referred it out inasmuch as it was bloody complicated, drawn out and was a sub-specialty of a specialized area of law. It was NOT something that was done on behalf of a particular non-citizen (cf. immigrant visa petitions).

Most immigration attorneys would become involved in J-1 visa at the later stages when change of non-immigrant status or adjustment of status was being done. That is when the 2 year FRR would come up.

If OP was to consult with an immigration attorney, I would recommend that his questions not necessarily be focused on any one visa categories.

Last edited by S Folinsky; Oct 18th 2022 at 5:07 pm. Reason: Correct typos
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Old Oct 24th 2022, 3:26 pm
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Default Re: Visa questions

Just because someone is "willing to sponsor you" does NOT mean that there is necessarily a work visa suitable for what you and the sponsor are hoping to achieve. We see a number of instances here on BE every year where a would-be immigrant has found a willing employer, but there is no applicable visa for the intended position.

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Old Dec 4th 2022, 10:27 pm
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Default Re: Visa questions

Hi, I hear someone could sponsor me say a friend if they have a job and earn 20k per year. Is this possible?
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Old Dec 4th 2022, 11:00 pm
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Default Re: Visa questions

Originally Posted by Jade_3_x
Hi, I hear someone could sponsor me say a friend if they have a job and earn 20k per year. Is this possible?
Does your friend own a company? Did the company have a position open for which you are qualified? Do you have the relevant degree and/or experience for that position? Does your friend's company mind spending $10K for your visa process?

​​​​​​​Rene
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Old Dec 4th 2022, 11:47 pm
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Default Re: Visa questions

Originally Posted by Jade_3_x
Hi, I hear someone could sponsor me say a friend if they have a job and earn 20k per year. Is this possible?
The applicable visa type for jobs requiring "specist knowledge"is an H-1B, and they are only released (available for applications) for a week or so, in the spring, and then subject to a lottery because that visa category is always oversubscribed. If you are lucky enough to get into the application process, and your application is approved, then you are only able to start work the following October.

And the pay has to be (in theory at least) "at market rates", and I suspect you will find it tough to prove that the job you've been offered "requires specialist knowledge" if it only pays $20k.

Last edited by Pulaski; Dec 4th 2022 at 11:50 pm.
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Old Dec 5th 2022, 12:39 am
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Default Re: Visa questions

My answer is no to all those questions. I don’t hold a qualification that is recognised where I can be sponsored. I am a dental which isn’t recognised there. I hold a diploma in graphics design which I just obtained but I have no experience. Gaining that qualification is how I’m able to apply for a J1 work and travel visa. But I want to marry my partner so I can fight for him. But I’m guessing marrying him wouldn’t allow me to stay in the country?
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Old Dec 5th 2022, 2:05 am
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Default Re: Visa questions

Originally Posted by Jade_3_x
My answer is no to all those questions. I don’t hold a qualification that is recognised where I can be sponsored. I am a dental which isn’t recognised there. I hold a diploma in graphics design which I just obtained but I have no experience. Gaining that qualification is how I’m able to apply for a J1 work and travel visa. But I want to marry my partner so I can fight for him. But I’m guessing marrying him wouldn’t allow me to stay in the country?

Is it the friend who earns $20K the person you wish to marry? That isn’t a very big salary. I suggest that you head over to the marriage visa forum on BE to learn the differences between the fiancé and spouse visas so you can decide what works best for you.
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Old Dec 5th 2022, 2:24 am
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Default Re: Visa questions

Originally Posted by Nutmegger
Is it the friend who earns $20K the person you wish to marry? That isn’t a very big salary. I suggest that you head over to the marriage visa forum on BE to learn the differences between the fiancé and spouse visas so you can decide what works best for you.
The person she wishes to marry is in prison serving a life sentence.
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Old Dec 5th 2022, 2:26 am
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Default Re: Visa questions

Originally Posted by Jade_3_x
My answer is no to all those questions. I don’t hold a qualification that is recognised where I can be sponsored. I am a dental which isn’t recognised there. I hold a diploma in graphics design which I just obtained but I have no experience. Gaining that qualification is how I’m able to apply for a J1 work and travel visa. But I want to marry my partner so I can fight for him. But I’m guessing marrying him wouldn’t allow me to stay in the country?
​​​​​​​Oh!! Your friend is a USC that you plan to marry? Well that makes things a ton easier. Go over to the marriage based forum to do research and ask questions regarding fiance and spouse visas. Those are much easier to get than a work visa​​​​​​​.

You'll want to research either the K-1 fiance via or the CR-1 spouse immigrant visa.

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Old Dec 5th 2022, 2:27 am
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Default Re: Visa questions

Originally Posted by Jerseygirl
The person she wishes to marry is in prison serving a life sentence.
Oh dear. That pretty much puts a stop to things.

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