H1 The Best option?

[AcademicBanana]

Hello all,

I am posting for my girlfriend who just recently entered the US, she is here on a B2 visitors visa. She wants to work and will be here until the end of april or so. She does not want to file for a fiancee visa, So I was wondering in order for her to work legally in the US is an H1 the way to go? I realize that some visas require the person to leave the country afterwards, sometimes up to 6 years before they are allowed to come back to the US. We want to make this as painless as possible, if she find an employer that is willing to sponsor her I understand that they need to:

1. File an LCA http://www.doleta.gov/regions/reg05/...s/eta-9035.pdf

& afterwards

2. File an I-129 http://www.uscis.gov/sites/default/f...form/i-129.pdf

We are trying to get this going asap so any help would be much appreciated!

[Nattybone]

Hello all,

I am posting for my girlfriend who just recently entered the US, she is here on a B2 visitors visa. She wants to work and will be here until the end of april or so. She does not want to file for a fiancee visa, So I was wondering in order for her to work legally in the US is an H1 the way to go? I realize that some visas require the person to leave the country afterwards, sometimes up to 6 years before they are allowed to come back to the US. We want to make this as painless as possible, if she find an employer that is willing to sponsor her I understand that they need to:

1. File an LCA http://www.doleta.gov/regions/reg05/...s/eta-9035.pdf

& afterwards

2. File an I-129 http://www.uscis.gov/sites/default/f...form/i-129.pdf

We are trying to get this going asap so any help would be much appreciated!

Hello, Academic.

You mentioned she is here till the end of April? Does she plan to go back after April? I am guessing her I94 expires in April. Filing for H1 in the current circumstances, i feel, might not be the best thing for her.

Hope this helps.

Cheers,

[AcademicBanana]

She plans to go back for the required amount of time and then return to the states, I believe with her visitors visa it is valid for 10 years but requires her to return home for 1-2 months after every 6 months here.

[Nattybone]

She plans to go back for the required amount of time and then return to the states, I believe with her visitors visa it is valid for 10 years but requires her to return home for 1-2 months after every 6 months here.

Hello, Academic.

If she plans to go back to India for stamping, then H1B should be fine. Though, there are no guarantees of a visa stamp from India even after approval of I797 petition.

Further, B1/B2 is meant for holiday/tourism etc. and one should spend not a whole lot of time in USA. If your friend continues to stay for 6 months in USA on every visit and returns after spending 1-2 months in India then this B1/B2 visa can also be possibly cancelled by the Port of Entry officer. This is just fyi, please.

I hope this helps.

Wishing you luck.

Cheers,