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US Immigration potential problem

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  • 11-02-2008 11:14pm
    #1
    thebiggestjim
    Registered Users Posts: 345 ✭✭


    Hi,

    I will be applying for a US work visa soon and am slightly concerned about the application as I worked on a holiday visa a few years back.

    I spent a summer working in the USA in 2001 on a J1 visa. Everything was OK didn't overstay my welcome.
    I did however return the next summer and worked on a holiday visa for two months. I used my Social Security number, paid tax and even successfully claimed the tax back. I didn't overstay the holiday visa however.

    FF to today and my current workplace asked me to relocate over to the USA for 7 months. Its a large US multinational im working for and a work visa is a formality for anyone working for them with a clean sheet.

    Anyone think this might be a problem for me? Any suggestions on how to handle the situation if I get called on it at the interview at the embassy.

    thanks in advance,

    J


Comments

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    #2
    BertieAhernia
    Closed Accounts Posts: 21 ✭BertieAhernia


    You wont get called in.

    If you are getting a H1 for work you fill in the forms, provide justification for why you are the only one who can do the job and why a US person can't do it, you will be fine.

    Took me 30 minutes to get a working Visa for the US in Dublin Embassy.


  • Options
    #3
    thebiggestjim
    Registered Users Posts: 345 ✭✭thebiggestjim


    I will get called up for interview regardless, everyone does in our place. Our company employs a lawyer firm to prepare our case. They include our specialist knowledge in the case, I don't fill out any of the immigration papers. Im not sure what the visa name is. H-1 sounds right. I prob will be ok, I just want to be prepared if I get called on it.

    Cheers


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    #4
    RoyalMarine
    Closed Accounts Posts: 5,824 ✭✭✭RoyalMarine


    speak to the lawyer. he will tell you what will be asked of you in the interview.

    only rule i can think of is dont lie no matter how small it is.


  • Options
    #5
    Black Swan
    Moderators, Category Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 47,251 CMod ✭✭✭✭Black Swan


    thebiggestjim wrote: »
    FF to today and my current workplace asked me to relocate over to the USA for 7 months. Its a large US multinational im working for and a work visa is a formality for anyone working for them with a clean sheet.
    It might be worth a chat with HR of your "large US multinational" for advice before filling out the paperwork? If they do this often, they will have valuable experiences they can share.


  • Options
    #6
    Manic Moran
    Moderators, Society & Culture Moderators Posts: 16,392 Mod ✭✭✭✭Manic Moran


    I did however return the next summer and worked on a holiday visa for two months.

    Hmm.

    Well, nothing for it but to try it out, and see what happens. It's not as if they'll grant you the H-1 and then arrest you for a visa infraction when you get there. What's the worst that will reasonably happen? They'll say 'no'. No harm done.

    NTM


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    #7
    Terry
    Registered Users Posts: 26,061 ✭✭✭✭Terry


    Moved from AH.


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    #8
    Neamhshuntasach
    Registered Users Posts: 2,168 ✭✭✭Neamhshuntasach


    A person i used to work with went to New York on a J1 a few years ago and then went back the following year on the visa waiver program and ended up staying for the 90 days and worked with the SS number he had the year before. 2 summers ago he was going over to Las Vegas and was stopped by immigration in Dublin airport. He wasn't allowed to enter the US. I remember him telling me it was to do with him using the SS number again when he shouldn't have. Not sure if it's standard procedure for them to put info like that on your file when they swipe your passport or whether he done something different. Anyways i'd check with the lawyer before hand and you never know. You could be lucky.


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    #9
    thebiggestjim
    Registered Users Posts: 345 ✭✭thebiggestjim


    Ya fingers crossed then. At least you can plead your case at the Embassy, I don't think there is any give with Immigration at the Airports.

    Thanks for the reply's.

    J


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    #10
    BuffyBot
    Registered Users Posts: 24,924 ✭✭✭✭BuffyBot


    Moved to Abroad, as it's more a "living there in the longer term" sort of issue, plus you'll find some US resident boards.ie's there


  • Options
    #11
    craichoe
    Closed Accounts Posts: 2,706 ✭✭✭craichoe


    thebiggestjim wrote: »
    Hi,

    I will be applying for a US work visa soon and am slightly concerned about the application as I worked on a holiday visa a few years back.

    I spent a summer working in the USA in 2001 on a J1 visa. Everything was OK didn't overstay my welcome.
    I did however return the next summer and worked on a holiday visa for two months. I used my Social Security number, paid tax and even successfully claimed the tax back. I didn't overstay the holiday visa however.

    FF to today and my current workplace asked me to relocate over to the USA for 7 months. Its a large US multinational im working for and a work visa is a formality for anyone working for them with a clean sheet.

    Anyone think this might be a problem for me? Any suggestions on how to handle the situation if I get called on it at the interview at the embassy.

    thanks in advance,

    J

    Absolutely forget it, any violation on your Visa means you won't get another one. You worked when you did not have a work permit.

    They exact same would happen to an American working in Ireland under the same circumstances.

    A friend and co-worker of mine, who was American had done this (worked when he didnt have a work permit) He was stopped in Shannon coming back into the Country and given a choice.

    Either:
    A. He pay the premium for the next flight home and get a friend/relative to sign off responsibility for him here, get on the flight and not come back.

    or

    B. Spend 3 days in Limerick Prison while Delta sorted out a flight for him.

    He paid the fare himself.

    Violating the terms of your Visa is essentially breaking the law.


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