Visa Information

Once again we would like to publish some questions which we receive daily from our customers. These questions are answered by our counselors of the visa department. All our counselors have a long experience with immigration law and dispose of a great knowledge in the recent visa - regulations.

Please note that the given answers cannot automatically be referred to your own situation. The answers cannot replace a personal counseling and no responsibility is taken for the correctness of this information.

Please let us know how we can assist you. We will react to your personal counseling wishes as flexible as possible.

Please click on the following link and enter your questions and we will get back to you as soon as possible. http://www.green-card.com/Visa-Services/request.html

YOUR QUESTION
I would really like to go to the US this year in order to travel and work there. I have read all the information about the different visa types, but I still have one question. Is it possible to travel to the US without a visa and stay there for 90 days and then apply for a H1 working visa while I am in the US? If not, can I first apply for the H1 visa and then prolong my stay within the visa waiver program in order to travel? I really would like to travel and to work while I am there.

OUR ANSWER
Unfortunately it is not possible to change the visa status while being in the US. Travelers who visit the US within the visa waiver program are not allowed to prolong their stay or to change their status by applying for a visa.

Please also keep in mind that you do need a job offer in order to apply for a working visa. Furthermore, your US employer has to make the application for you. It is hard to say for which visa you may qualify, as this depends on your working skills and the current work situation.

It is very important to know, that you are not allowed to work while travelling within the visa waiver program. If you would like to get some work experiences, you should think about applying for a J-1 trainee visa.

YOUR QUESTION:
My wife and I will fly to the US on October 23rd. Including a domestic flight, we will leave New York on November 4th and will return to Germany. Do I have to mention that when entering the US? And what do I have to write under the point "destination address"?

OUR ANSWER
The flight details are not mandatory when filling out the ESTA authorization. Under point "destination address" you can fill out the address of the hotel where you will be staying. Please keep in mind that you only have to fill out the fields which are marked with (*), meaning that you do not need to mention your destination address if you do not know it by the time you fill out the ESTA form.

By the way, the ESTA authorization will be valid for 2 years, unless your current passport expires before those two years are over. In this case, the authorization will only be valid until your passport expires.

YOUR QUESTION:
I am an IT specialist and came to the US in 2008 with a L1B visa, but I had to cancel my working contract due to personal reasons. My employer then sent a letter to the USCIS and informed them, that I will no longer be employed in that company.
What possibilities do I have in order to stay in the US and to look for a new employer? How long can I stay here, without changing anything on my current status? Is there any time period until when I have to leave the country?

OUR ANSEWR:
We are very sorry but due to the US Immigration Act you do have to leave the country right away. The original reason for your stay (and therefore the precondition for your visa) expires by ending your working contract. Your visa will no longer be valid. There might be something like a time period until when you have to leave the country, but your working contract already ended at the end of February and you should leave the US right away. Other wise you will fall into the category "out of status" which you basically already are.

If you would like to stay in the US you have to find a new employer and have to apply for another working visa. Unfortunately it is not possible to change your status to the B-2 visa, because you are not legally staying in the US at the moment.

If you keep staying in the US, you might risk not getting any other working visa in the future. We therefore highly recommend leaving the US as soon as possible. This is especially important, since your old employer already informed the US authorities about your current status.