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Old 06-09-2003, 03:10 PM   #1
Ripper
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Default Need a lil help from anyone knowledgeable in Immigration Laws/Work Visas (long)

Hey everyone. Here's the situation. My girl is from that piece of land up there that they call Canada. She graduated from the University of Hartford last year with a ~3.3-3.4 GPA. She was here on a training Visa for school of course, and it is running out soon.

She is having some troubles with the immigration services people, with the war and all going on now. From what I can gather from what she tells me, (when she talks my brain walks away from the convo and to the tv) she attempted to get a work Visa but she couldn't qualify because her 2 jobs (55 hrs per week) weren't paying her enough to prove she was a valuable asset to the company.

She currently works at a driving range part time and a Golf course in a Pro-shop with some managerial duties, however the course is only able to pay her $10 an hour. Her degree is in Marketing, but she works at these places b/c she plans on going pro in golf. She was supposed to qualify for the Future's tour and a few other tournaments in the not to distant future, but her time is running short.

Does anyone know anything about Visas etc.? I wish I could help her out, but I don't know squat about this. Here's a link to her Stats etc. for golf. http://www.hartfordhawks.com/sports/...finlayson.html . Any help would be appreciated.



Ripper
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Old 06-09-2003, 03:27 PM   #2
e_a_olson
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Ship her back! You're already tuning her out man...
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Old 06-09-2003, 03:31 PM   #3
Ripper
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The poor girl worked hard to stay here, and is in no way a parasite or drain on our country. She deserves this in my opinion.
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Old 06-09-2003, 03:35 PM   #4
AC Lerok
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marry her.
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Old 06-09-2003, 03:37 PM   #5
e_a_olson
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I hear they'll take just about anyone on the PGA tour nowadays...
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Old 06-09-2003, 03:40 PM   #6
Ripper
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Quote:
Originally posted by AC Lerok
marry her.
Yeah we both gave thought to that. I'm not willing to do that though. We've been together about 8 months, and even for technicality purposes I don't want to have to do that. I'm just hoping for her sake that there is some other option.
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Old 06-09-2003, 03:44 PM   #7
impRSa
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Check this site: http://www.workforcesecurity.doleta.gov/foreign/

Basically, she needs to document that she's making at least $x (according to her job position) so that she's not displacing US workers.

Also look at this for Candian citizens:
http://travel.state.gov/tn_visas.html
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Old 06-09-2003, 03:50 PM   #8
Ripper
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Thanks for the links impRSa, I'll take a look at them. Any more help greatly appreciated.

If this doesn't work, you wanna keep her warm for me while she's up there Goose?
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Old 06-09-2003, 03:54 PM   #9
wwwwc
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Check INS website to see if she is qualified for a H1B status (one of the work permits). If she works for a Golf Course, I think we can pretty much rule out the possibility of TN permit (one of the work permits granted for Canadian, American and Mexican under NAFTA, again, check INS website for more info..), but please double check.

Another option is to have her go to school here in the States so that she could obtain a student VISA, but then it probably prohibits her from doing what she is doing with the golf course...

Hmm.. Perhaps she could talk to a lawyer who specializes in Immigration/Work permit regulations?

Sorry I wish I could provide more info....
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Old 06-09-2003, 04:05 PM   #10
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Quote:
Originally posted by wwwwc

Hmm.. Perhaps she could talk to a lawyer who specializes in Immigration/Work permit regulations?
Yeah she has been doing that over the phone a little. Only thing is lawyers fees are huge under her current income. So mostly she can only vaguely discuss options on the phone as opposed to paying for a full appointment in person.
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Old 06-09-2003, 04:35 PM   #11
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from what i understand from my g/f who also just graduated is that the company you work for can offer you an OPT document (can't remember what it stands for - sth sth training), but anyway, that'll allow you to stay & work in the country for 1 year i believe. Then, the company has to sponsor their H1 visa, which will give them permanent residence in the country.

that's about all i can help with
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Old 06-09-2003, 04:58 PM   #12
wwwwc
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Quote:
Originally posted by esbee
that'll allow you to stay & work in the country for 1 year i believe. Then, the company has to sponsor their H1 visa, which will give them permanent residence in the country.

As far as I know, H1 status won't lead you to permanent residency. Green Card is the one that leads to permanent residency.

Just don't want to confuse anyone
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Old 06-09-2003, 05:08 PM   #13
Ripper
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Quote:
Originally posted by esbee
the company you work for can offer you an OPT document (can't remember what it stands for - sth sth training), but anyway, that'll allow you to stay & work in the country for 1 year i believe
With this OPT document, does it require that your job fall under the category of your degree? Or can it be simply given for any type of work under the company?
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Old 06-09-2003, 08:30 PM   #14
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Bump. Any one on the nightcrew have any insight?
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Old 06-10-2003, 08:19 AM   #15
impRSa
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As far as I know the OPT (Optional Practical Training - available for a duration of 12 months after completing a Bachelor's), can be used for any kind of employment. The international Student Office at her school should be able to provide more info on this.

Check out these links from other schools http://www.google.com/search?hl=en&l...=Google+Search

However, you said that she finished school last year. So, she might have already used this option, and is now trying to get a H-1 visa.

Sorry man, no simple solutions.
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Old 06-10-2003, 07:57 PM   #16
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The only option I can see is:

1) OPT (Optional Practical Training). However, you said she graduated last year, and I think she used it up already like someone else said. OPT is only good for 12 months (that includes Co-op and internships).

2) Apply to a company that would sponsor a TN visa. TN visa is for Canadians, and I was told that it is easier to get than H1B visas.

3) Marriage. This is the simplest, cheapest, and almost guaranteed way to go. But, you don't want to get married. Never ever get married if you're not comfortable or so sure.

4) Go back to school for a master's degree with a F1 student visa if she has no money issues.

5) Continue working with that company. Talk to the HR or her manager if the company would sponsor her provided that she is willing to reimburse the company.

6) Talk to a good immigration lawyer. They may know a way out of this.

She may be able to apply for a DV-2005 annual green card program. However, I was told that Candians weren't able to apply. Not too sure. Check with INS/BCIS first.

The problem I see with many employers that employers don't want to pay for visa processing fees because it costs too much. It's also a lot of paperwork. Why pay and file for H1B or TN visas when you can simply hire American citizens or permanent residents?
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Old 06-10-2003, 08:02 PM   #17
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Tell her to move to Kalifornia..we dont check or care if you are illegal here..we just hope you vote.

"HEY IMMIGRANTS!! COUNTRY IS FULL!!"

ps.. Is she hot?
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Old 06-10-2003, 09:47 PM   #18
Ripper
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Thanks for all the help everyone. We're looking into all the options and thoroughly appreciate the helpful links etc.

Quote:
Originally posted by Kudagra
ps.. Is she hot?
She has a great set of cans and an ass that won't quit. I tap it with mediocre enthusiasm.

-Patrick
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Old 06-11-2003, 12:24 AM   #19
Kudagra
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Quote:
Originally posted by Ripper_AWD
She has a great set of cans and an ass that won't quit.

-Patrick
OK she can move here
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