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Nope, you need a Bachelor's for every profession unless you are a management consultant or scientific technician, and being a restaurant worker, you are none of those.
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The H1B doesn't require a degree either for the 65,000 cap. (since I work in a restaurant, I could be a very good cook, for which I could claim to be a chef, thus proving the equivalent of a BS)
That's great, but you are a waiter, not a cook. Waiting on tables is not a specialty occupation that qualifies for the H1-B. Indeed even if you were to convince your boss to let you work as a cook, you probably wouldn't qualify for the H1-B according to this attorney:
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/chat0630_P.html - broken link)
Unless it is a position that requires a bachelor's degree in culinary arts, you're out of luck:
All 3 visas, even though they are non-immigrant, can apply for and receive a change of status while here. The H1B is known as a "dual intent" visa and is probably the easiest to receive CoS with.
OK, under which class of green card would you be able to change your status to?
A Provence could want a Mexican food restaurant, and bring him in...
And if he snuck in without permission would you excoriate the Canadians for deporting him? Where does it end? All countries have borders and boundaries. They all protect their citizenry. That's actually the first duty of a government: to protect the people who live there. Why are Americans under such fire from the illegals and their defenders for doing what most nations do?
Our government should have made it clear from the get-go that we are going to consider diversity first as our criteria rather than allowing in so many from one ethnic/national group just because they married an American. If their spouse doesn't make the cut then if they truly love each other they should reside in the foreign born spouses country. I would also exclude extended family members such as aunts, uncles, cousins and parents of the foreign born spouse. I can't think of many scenarios where an American citizen's parents and siblings are foreign born and waiting to come here unless the parents were/are here illegally in the first place.
Ok, let the flames begin.
Likely the largest group you are going to upset with those conditions is U.S. servicemembers, that have met, married, and established families while stationed in foreign countries. They don't have established careers in those countries outside the military, and no staion/deployment lasts forever (even though it may feel like it). Most amusingly, you would cut off the currently recognized fastest way to citizenship for a foreigner:
If you are married to a U.S. citizen servicemember, and going to "accompany" them in a "permanent" stationing assignment (PCS), U.S. citizenship can be immediately provided, granted that you meet another condition. That is, if you are currently a U.S. Legal Permanent Resident. Normally that means you have to have been admissible under an Immigrant Visa.
But you've just cut off that path in your plans...
You're also misrepresenting (this is another mistake people have about immigration, in that the foreign-born can immediately bring bring over any relative they have) whom is an "Immediate Relative" able to be sponsored for immigration. It isn't "aunts, uncles, cousins" at all. The foreigner also has to naturalize to U.S. citizenship before they can sponsor their own parents.
I've just mentioned how a U.S. citizen can have parents that are foreign nationals never in an illegal status in the United States, are you calling them "illegal aliens"?...
It's also the same thing (with long quotas) for their siblings...
But thanks for advancing the mistaken notions, I'll let others flame you...
Last edited by IBMMuseum; 01-09-2012 at 12:42 PM..
Likely the largest group you are going to upset with those conditions is U.S. servicemembers, that have meet, married, and established families while stationed in foreign countries. They don't have established careers in those countries outside the military, and no staion/deployment lasts forever (even though it may feel like it). Most amusingly, you would cut off the currently recognized fastest way to citizenship for a foreigner:
If you are married to a U.S. citizen servicemember, and going to "accompany" them in a "permanent" stationing assignment (PCS), U.S. citizenship can be immediately provided, granted that you meet another condition. That is, if you are currently a U.S. Legal Permanent Resident. Normally that means you have to have been admissible under an Immigrant Visa.
But you've just cut off that path in your plans...
You're also misrepresenting (this is another mistake people have about immigration, in that the foreign-born can immediately bring bring over any relative they have) whom an "Immediate Relative" able to be sponsored for immigration. It isn't "aunts, uncles, cousins" at all. The foreigner also has to naturalize to U.S. citizenship before they can sponsor their own parents.
I've just mentioned how a U.S. citizen can have parents that are foreign nationals never in an illegal status in the United States, are you calling them "illegal aliens"?...
It's also the same thing (with long quotas) for their siblings...
But thanks for advancing the mistaken notions, I'll let others flame you...
Our military men are stationed all over the world. They are not likely to all marry spouses from the same country or ethnic group so diversity would still rule.
Where did I say that they could "immediately" sponsor their relatives? I didn't. I am opposed to it, period.
The U.S. citizen who was born here by virtue of their illegal alien parent's giving birth on our soil would be the illegal relatives or if deported were here illegally at one time.
Our military men are stationed all over the world. They are not likely to all marry spouses from the same country or ethnic group so diversity would still rule.
Where did I say that they could "immediately" sponsor their relatives? I didn't. I am opposed to it, period.
The U.S. citizen who was born here by virtue of their illegal alien parent's giving birth on our soil would be the illegal relatives or if deported were here illegally at one time.
We're back to the thought that one servicemember can immigrate their spouse from a certain country, but not another servicemember immigrating their wife from somewhere else. How do you determine your "diversity" criteria? Does a South African spouse need to list their ethnicity? What I find most egregious about your plan, is that select U.S. citizens have less ability, based on ethnicity, to immigrate their immediate relatives, than someone with no ties to the United States winning the Diversity Visa Lottery.
By the way, the Diversity Visa Lottery is generally the most objected to by Americans in regards to its terms...
You did mention relatives that are not "Immediate", you're objecting to something that is not done under immigration law anyway...
And you will need to rewrite that last sentence so that I can understand it...
We're back to the thought that one servicemember can immigrate their spouse from a certain country, but not another servicemember immigrating their wife from somewhere else. How do you determine your "diversity" criteria? Does a South African spouse need to list their ethnicity? What I find most egregious about your plan, is that select U.S. citizens have less ability, based on ethnicity, to immigrate their immediate relatives, than someone with no ties to the United States winning the Diversity Visa Lottery.
By the way, the Diversity Visa Lottery is generally the most objected to by Americans in regards to its terms...
You did mention relatives that are not "Immediate", you're objecting to something that is not done under immigration law anyway...
And you will need to rewrite that last sentence so that I can understand it...
How so when our military men are stationed all over the world? As I said, diversity would automatically occur when they married an American serviceman. We don't even have our military stationed in Mexico and yet Mexicans are the highest numbers here both legally and illegally. I thought our country was supposed to be about diversity. Is it undesirable to you?
Nope, you need a Bachelor's for every profession unless you are a management consultant or scientific technician, and being a restaurant worker, you are none of those.
What your link states is this: The majority of the TN visa occupational categories require some form of educational credential (not the TN Visa itself). Most require a bachelor's degree, while some also offer as an alternative for qualification possession of a post-secondary diploma and three years of experience.
TN applicants can be under age 14: Mexican citizens must apply for a TN visa at a U.S. Consulate and this must happen before entering the U.S. After that, an interview at the U.S. Consulate or Embassy is required (almost always) for visa applicants who are 14 years old to 79 years of age. Children under 14, and persons over 80 years old typically don’t have an interview, unless specially requested by the U.S. Embassy or Consulate. San Francisco TN Visa Lawyer :: TN Visas Under NAFTA :: San Jose NAFTA Work Visa Attorney From a Lawyer in SF stating the same thing as USCIS.
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Originally Posted by usuario
That's great, but you are a waiter, not a cook. Waiting on tables is not a specialty occupation that qualifies for the H1-B. Indeed even if you were to convince your boss to let you work as a cook, you probably wouldn't qualify for the H1-B according to this attorney:
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/chat0630_P.html - broken link)
Unless it is a position that requires a bachelor's degree in culinary arts, you're out of luck:
But you stated I could wait out the time as long as it takes, and during this time I can attend college, move from waiter to chef, etc. I could even get a different job and profession that would help me attain the visa. Besides your link only says it's hard to obtain an H1B for being a chef, not that it is impossible.
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Originally Posted by usuario
OK, under which class of green card would you be able to change your status to?
Maybe I got married once here, or I simply apply for LPR. NOTE: There is only one class of "green card".
Last edited by Liquid Reigns; 01-09-2012 at 02:55 PM..
Not exactly, there are two: A "Conditional" two-year card that must go through "Removal of Conditions" prior to expiry for the status to stay valid (and be re-issued a ten-year Resident Card), and the ten-year Resident Card, where the card has an expiry date to be renewed, but the LPR status does not expire.
Last edited by IBMMuseum; 01-09-2012 at 06:47 PM..
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