already working with a permit but with a tourist visa

[bergita]

What is the name of your state? Arizona


my sister left for Arizona march of 2003 on a tourist visa. before her I-94 expired (sept of 2003), she was able to find an employer and she has since worked in the school as a teacher. she tells me she was able to get a working permit, that everything is above board, legal and straight. she even has an SS number and bank account. i guess she means she was able to change her status from tourist to working, but her visa remains a tourist's visa.

she has just renewed her yearly contract with the school and now plans to request the school to sponsor her permanent status/green card. is this possible? will there be any trouble with her papers?

with her present condition, how can she convert her tourist visa to an H1B visa? is that possible after over a year or so of working there?

pls advice... thanks and more power...

 

[ImmigAttyLana]

Once a person is already in the US, he/she no longer needs the visa that is in the passport as their stay in the US is governed by their status and that is based on the I-94. IF she was able to successfully change her status from visitor to something else (not sure what you mean by work permit) then it does not matter that her visa in the passport is still a visitor's visa, so long as the new I-94 reflects her correct status. Why don't you clarify what her actual status is and what she means by the "working permit."
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[bergita]

Once a person is already in the US, he/she no longer needs the visa that is in the passport as their stay in the US is governed by their status and that is based on the I-94. IF she was able to successfully change her status from visitor to something else (not sure what you mean by work permit) then it does not matter that her visa in the passport is still a visitor's visa, so long as the new I-94 reflects her correct status. Why don't you clarify what her actual status is and what she means by the "working permit."
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

does she need to come home to have a new visa stamped, one that is appropriate for her status? is it safe for her to come home for a short vacation?

i have a friend who did that and she was denied re entry to the US and was not issued a working visa...she was even called fraudulent. how is that?

 

[ImmigAttyLana]

Without knowing what it is that she actually has, I cannot say whether it is safe for her to travel internationally. You need to first ascertain what exactly she has before proceeding further.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[bergita]

she has a Visitors visa stamped in her passport. (arrival in US was march 2003; she started working around August of the same year) when she worked at a school in arizona, she was able to apply for H1B status and she was issued a new I-94 expiring in 2006. right now, she is applying for sponsorship from the school for permanent residence and the school board is still deliberating on it.

we miss her terribly since our filipino family is closely knit and this is our 2nd xmas away from each other.

i hope i got the details you need, and if not, maybe you can ask me exactly what details you need and i will reply asap.

 

[ImmigAttyLana]

OK, so if she was actually issued a H-1B approval with a valid I-94 card attached to that approval, she is validly working in the US and is in status. Although she is able to travel internationally, she would need to go to the US Consulate prior to returning to the US in order to obtain the H-1B visa in order to enable her to return to the US in H-1B status and resume her employment with the school. It may be somewhat difficult or at least uncertain to get a H-1B visa so she should be aware of the possible risks. At any rate, even if it is approved, it may take some time as various security clearance checks are performed so she and the employer should be prepared and ready for the possible delays if she does choose to travel.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[bergita]

OK, so if she was actually issued a H-1B approval with a valid I-94 card attached to that approval, she is validly working in the US and is in status. Although she is able to travel internationally, she would need to go to the US Consulate prior to returning to the US in order to obtain the H-1B visa in order to enable her to return to the US in H-1B status and resume her employment with the school. It may be somewhat difficult or at least uncertain to get a H-1B visa so she should be aware of the possible risks. At any rate, even if it is approved, it may take some time as various security clearance checks are performed so she and the employer should be prepared and ready for the possible delays if she does choose to travel.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Her other Filipino co teachers applying for sponsorship for permanent residency from the school board arrived there with US H1B visas stamped in their passports. Does she get an equal chance of approval as the others? or will her entering as tourist be taken against her?

Also, to complicate things somewhat, her husband, now on H4 status, has a pending family petition by his father who is a US Veteran who has been residing in Pittsburgh Calif for over years now. is their application still valid? How did their stay affect their petition?