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chickens and eggs

chickens and eggs

Old Dec 1st 2001, 4:28 am
  #1  
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Hi, I have always wondered about a "chicken and egg" situation which seems to exist with obtaining U.S employment. If I am interested in working in America, I have to firstly look for a job, and contact an employer, and send a resume etc. The employer would also set up a job interview. However, the INS states that I can't go to the U.S if I intend to work there. I can go there for business or as a tourist, but I cannot travel there to find work. Is this correct? If this is the case, how does anyone get a U.S job unless their own company transfers them to the U.S? How do you get around the inevitable consulate question, "How did you obtain this job"? You must have had intentions to work in America BEFORE you went there, or how would you have set up interviews etc? The INS can then claim that your trip was "fraudulent" as you stated on your entry card that you were NOT going there seeking employment. This scenario must have been faced tens of thousands of times. What does immigration law or case law say about this sitaution? How intense is consulate questioning on the issue? Thanks.

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Old Dec 1st 2001, 1:16 pm
  #2  
Stuart
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Contrary to what you might understand, it is possible to enter the US for pleasure,
and have a job find you. The problem is that if you tell an INS officer that you are
going to the US to look for a job, you instantly have a case of immigrant intent. You
can also go to the US for an interview. More to

When you enter the US, the question is simply "is the visit for business or for
pleasure" - not "are you looking for employment"

When you go for a work visa at the US consulate, they generally are not concerned
with previous entry details unless you've overstayed. Their interest is in the
job approval.

Stuart
 
Old Dec 1st 2001, 2:25 pm
  #3  
Claus Larsen
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I can't see the problem. I've heard of lots of people visiting as tourists, going for
job interviews, getting a job, returning to their own country and then they applied
for h1-b. Never heard anyone mentioning this "problem" before.

Claus

spud <[email protected]>
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