More details to this question:
Hello, I am at the moment in the USA with a ESTA Visa Waiver Program from France and I would like to work here as a pastry chef in a restaurant. I already found a restaurant to hire me but I wonder if I can apply for a visa since I'm living here with a ESTA VWP of 90 days. Is it better to apply for a non immigrant H1B or a permanent immigrant visa like E3? I also have the goal to live with my American girlfriendbut we dont want to marry yet ! Thanks for your help!
1 ANSWER
You will need to depart the country and apply for a visa abroad regardless of whether you seek H-1B or EB-3. You may not change to another nonimmigrant status or adjust your status to lawful permanent resident while in the U.S. on ETSA. Either option may be viable. However, the employer could not file an H-1B petition on your behalf until April 1, 2017 for work to begin on or after October 1, 2017. The immigrant visa process will also take time as there are many steps that need to be undertaken before you can actually seek permanent residence. I encourage you to sit down with an attorney to discuss the options in more detail. You can find information on both H-1B and EB-3 at http://myattorneyusa.com/.
Answered on Nov 07th, 2016 at 4:05 AM