I have lived in the united states for years and my h- visa expires, and i cannot renew it. Now i am currently accepted and enrolled at a university and i intend to change to student visa by next month.
) I understand that i cannot be employed off campus. But what do i have to do to change my visa within the u.s. after my visa expires?
) Is it true that if i find an employer who will employ me and file for me, i can stay in the u.s?
) What visa would i get if the employer does file for me?
) And finally, can i start an online business?
Thanks for your consideration
Since your are obviously not a bona fide nonimmigrant,
it is unlikely you will be granted student status. However, if you are granted student status and graduate with a degree,
it is possible you might be able to change status to H-
upon approval of a petition by an employer (form I-).
To stay permanently in the US through employment your
employer would have to file form I-. Depending upon your qualifications it might take several years to obtain
residence in this manner. An online business would be
considered unauthorized employment and a violation of
student status.
) You may, in certain circumstances be employed off campus, IF you can prove a hardship situation.
Re the second question, you apply to the University. The University will then instruct you on what needs to be done.
You need to speak to your International Student office at the University for more details. However your working hours will be limited (it is not a hour work week).
) Correct. But you and your employer need to make a VERY strong case of why they need your services, and the job can’t be done by an American citizen. There’s also significant costs involved in filing the paperwork and hiring the attorneys to handle this, so many employers are reluctant to take on this additional expense.
) Normally you receive an H-B considering you will have a college degree. You will be considered skilled labor.
) I don’t believe so, but I could be wrong. Legally you would have to account for any profit/loss from the business and file an IRS form. This could be seen as work. The fact that it’s a “virtual business” in cyberspace doesn’t change the fact that work still has to be invested into the project.
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Since your are obviously not a bona fide nonimmigrant,
it is unlikely you will be granted student status. However, if you are granted student status and graduate with a degree,
it is possible you might be able to change status to H-
upon approval of a petition by an employer (form I-).
To stay permanently in the US through employment your
employer would have to file form I-. Depending upon your qualifications it might take several years to obtain
residence in this manner. An online business would be
considered unauthorized employment and a violation of
student status.
Source(s): uscis.gov
) You may, in certain circumstances be employed off campus, IF you can prove a hardship situation.
Re the second question, you apply to the University. The University will then instruct you on what needs to be done.
You need to speak to your International Student office at the University for more details. However your working hours will be limited (it is not a hour work week).
) Correct. But you and your employer need to make a VERY strong case of why they need your services, and the job can’t be done by an American citizen. There’s also significant costs involved in filing the paperwork and hiring the attorneys to handle this, so many employers are reluctant to take on this additional expense.
) Normally you receive an H-B considering you will have a college degree. You will be considered skilled labor.
) I don’t believe so, but I could be wrong. Legally you would have to account for any profit/loss from the business and file an IRS form. This could be seen as work. The fact that it’s a “virtual business” in cyberspace doesn’t change the fact that work still has to be invested into the project.
