Entering US on B1/B2 visa with pending EB3

loriangel14, RN · Oct 24, 2013

No. If it is for tourism and vacation purposes then you cannot live and work there, just visit.

Silverdragon102, BSN · Oct 24, 2013

Not unless you qualify and get H1b and even then you have to wait until the visa is granted which if you are lucky can not be filed for until April 14 and start date of Oct 14

Marsha238612 · Oct 25, 2013

The previous responses are so concrete that is actually kind of scary.

Are the previous 2 responses from actual immigration lawyers?! I don't think so.

Therefore, please OP, go get legal counseling from an immigration ATTORNEY. I don't know why any AN members will venture to give you such concrete immigration advice.

I know an EB3 is a visa for skilled workers so if it's pending you should go to an attorney and explore your options.

Good luck and hope you get good news about your immigration/student status :)

Sent from my iPhone using allnurses.com

Silverdragon102, BSN · Oct 25, 2013

Why is it scary? For you to adjust status your pd has to be current and that isn't going to happen for a few years at the current visa bulletin status. Therefore how can someone on a visitor status work? H1b is only available in April, unless the facility is exempt, with a start date of October

jbc76 · Oct 25, 2013

@martina238612 Thank you for the optimism

Yes I've actually planned on doing that. I'm just curious if anyone has taken this route. It would be great to hear from them :up:

Ginger's Mom, MSN, RN · Oct 25, 2013

the reason why you have not heard from anyone working on tourist visa is it is against the law. I do not think people would admit they have knowingly broken the law. Always good to speak to a lawyer but the law is very cut and dry. It is like asking do people drive drunk? yes many do and do not get caught, but is not recommended. All legit jobs ask if you have the legal right to work inthe usa, you do not.

Esme12, ASN, BSN, RN · Oct 25, 2013

The previous responses are so concrete that is actually kind of scary.
Are the previous 2 responses from actual immigration lawyers?! I don't think so.
Therefore, please OP, go get legal counseling from an immigration ATTORNEY. I don't know why any AN members will venture to give you such concrete immigration advice.
I know an EB3 is a visa for skilled workers so if it's pending you should go to an attorney and explore your options.
Good luck and hope you get good news about your immigration/student status :)
Sent from my iPhone using allnurses.com

Could it be they have experience in this matter...like being an immigrant? They may not be lawyers but they may be immigrants and know the process

B1 and B2 visitor visas
Business travelers may enter the United States using a B1, or 'Visitor for Business' Visa. In practice these visas are invariably issued as jointly with B2, or 'Visitor for Pleasure' (i.e. Tourist) visa. This practice means that, if a candidate has an old tourist visa, it may be valid for a planned business trip. For those who come under the visa-waiver scheme, details of which are provided below, there is usually no need to apply for a visit visa at all if the candidate wishes to visit the US for three months or less.
While in the US as a business visitor, an individual may:
Conduct Negotiations
Solicit sales or investment
Discuss planned investment or purchases.
Make investments or purchases
Attend Meetings, and participate in them fully.
Interview and hire staff.
Conduct research.
The following activities require a working visa, and may not be carried out by business visitors:
Running a business.

"Gainful employment".

Payment by an organization within the US.
Participating as a professional in entertainment or sporting events.

http://www.workpermit.com/us/employer_b1_b2.htm

jbc76 · Oct 25, 2013

Hi! No that is not what I meant, and I have no plans on working there as a tourist. I was just wondering if one can get work permit or something to be able to work there legally while the petition is pending.

Esme12, ASN, BSN, RN · Oct 25, 2013

NO...it clearly states...you may not legally work (gainfully employed) or be hired (payment by a US organization) by a US company.

Things have changed in California...it has become very difficult to obtain licensure. Employment is also very difficult in the US right now.

California has a 47% unemployment rate amongst nurses

Silverdragon102, BSN · Oct 25, 2013

Hi! No that is not what I meant, and I have no plans on working there as a tourist. I was just wondering if one can get work permit or something to be able to work there legally while the petition is pending.

You can look for a employer on a tourist visa and even be interviewed but you can not start working without an approved work visa which is H1b and as I mentioned above has requirements. This will probably result in you having to return home whilst being processed and it will not have an impact on your EB3 application and once work visa approved you can live and work in the US whilst waiting for your pd to be current.

steppybay · Oct 25, 2013

To the OP, don't even think of trying to get a paycheck while on a tourist visa! I hope you realize that if you do and it wasn't for a legit business transaction, such as for your own company or thru an inter-connected global company, you will have used that visa for purposes not intended and if caught, you stay to lose any future dealings with ever obtaining any other kind of visa later.

All your years of waiting will vanish and try explaining that to the embassy or your immigration officer.

My friend's brother did that several years ago, came from the Phils, his uncle got him a job working in a bookstore and office cleaning, was even paid in cash!

But the employer does have to report their expenses, usually one uses an accountant to do the paperwork, my friend's brother name was placed into some subject class somehow and this went on for 2-3 years.

His pd was taken off the calendar and barred forever from re-applying. He was also facing deportation charges, but they let it go, if he quietly would leave the states on his own, as soon as possible is what I heard.

He could not find a nursing job in the Phils either. A waste of time and money and today, you can find him driving a taxi in the Phils. While losing the pd and all rights for a visa were taken away, it is very tough to find a paying nursing job in the Phils.

I think you're allowed to interview if you wish, you just can not receive any sort of monetary compensation until you are truly legal in the eyes of the immigration laws.

What country are you coming in from for the vacation?

My advice is just enjoy your time in the States and stick strictly to the vacation purposes.