Can I even APPLY while on the Visa Waiver?

K

Kathrin

Registered Users (C)
I don't have a visa right now and am in the U.S. on the visa waiver program (Swiss citizen). Last year an employer tried to get a work visa for me, but it ended up being so complicated that we a) missed the quota and b) they had to hire somebody else to fill the position.
Now that other person has disappeared from the job and the employer wants to try to begin the process for me again.

On my green I-94 it says that on the visa waiver program I am not allowed to change my status. I knew that. I thought it to mean that I will have to go back to my home country and then come back to the US again.
However, it also says that I am not allowed to even APPLY for an extension of stay. Does that mean we cannot send in the forms while I am here on the visa waiver, even if I don't intend to try to change my status while I am here?

Kathrin
 
Kathrin said:
Does that mean we cannot send in the forms while I am here on the visa waiver, even if I don't intend to try to change my status while I am here?
Click to expand...

Your employer is certainly able to file the I-129 for you on April 1st, but they should indicate that you will be getting a visa at a US consulate abroad and will not be changing status.

Out of curiosity, when does your I-94W expire?
 
I (and I don't think the employer either) didn't know there was a specific date on which the form has to be filed.
We thought the sooner the better?
My visa waiver expires on 2-28. My return flight is booked for 2-27. So I will have to leave before that anyway.
So you are saying, nobody can file right now?

Kathrin
 
Kathrin said:
I (and I don't think the employer either) didn't know there was a specific date on which the form has to be filed. We thought the sooner the better?
Click to expand...

If your employer is applying for an H-1, they cannot file before April 1st. I would ensure that the application is received by USCIS on that date, and even that will not guarantee approval.
 
Thank you for this important info! So I don't even have to worry about whether I can or cannot file while here on the waiver.
(Now what I could worry about is whether my employer can wait that long, since the position needs to be filled...);)

Kathrin
 
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