Aussie in Canada - which visa to work in USA?

[Duggie]

Hello,

I am an Australian citizen in BC Canada on a 12 month working holiday visa. I am soon to start employment with a Canadian mining company holding interests in Nevada, USA. The nature of my work will mean that i will have to travel to Nevada for periods of up to 4 weeks at a time.

Could someone suggest a visa option to me? Should I apply for an H1B visa? Any thoughts would be appreciated.

Thanks

 

[ImmigAttyLana]

You can only apply for a H-1B visa if it is for a position that would require at least a bachelor's degree or its equivalent and if you have at least that level of education and/or experience.

Additionally, before you can apply for a H-1B visa, the company has to file and get approved a H-1B petition on your behalf and the earliest start date of employment in the US would have to be no earlier than October 1, 2006.

There is also the possibility of a E3 visa for Australian citizens but it also must be for a similar type of position as those for H-1B classification.

Lana
Immigration Attorney

 

[CALIF-PRO36]

My response:

That was refreshing, Lana. You're being such a good girl!

If you're good-looking, perhaps we could meet in Orange County, and discuss having sex. That way, I can corrupt you into being a "bad girl."

IAAL

 

[Duggie]

Thanks Lana

October eh? Looks like I may be working in Canada for the first few months

I do have a bachelors degree in the field in which I have been employed. It looks as if I will have to discuss with my employer and get them to get the ball rolling.

Many thanks.

 

[CALIF-PRO36]

and get them to get the ball rolling.

My response:

That's what I'm trying to do with Lana!!

Two attorneys, getting it on! Maybe, Lana would enjoy working on my legal briefs!

IAAL

 

[evcalyptos]

Hello,

I am an Australian citizen in BC Canada on a 12 month working holiday visa. I am soon to start employment with a Canadian mining company holding interests in Nevada, USA. The nature of my work will mean that i will have to travel to Nevada for periods of up to 4 weeks at a time.

Could someone suggest a visa option to me? Should I apply for an H1B visa? Any thoughts would be appreciated.

Thanks

"You" should not apply for any visa without discussing this with your employer's legal department. They will best know what visa type synchs up with your job and prepare your applications. Coming to the US for periods of up to 4 weeks might not equal an H1-B visa--H1-B is for high-skill, longer term employment. Since you have the VWP available as part of your citizenship, you can ask the lawyers to look into you using it and being admitted for business, or getting a B visa for it.

Keep in mind that you can't just come and "work" in the US although you can visit for business purposes. You must have the employer look into what type of work will be required in Nevada and make sure that it's something you can do. Even tho we are physically close, Canada is a foreign country, and their employees are not allowed to "just" come in a work in the US.

 

[AHA]

My response:

That was refreshing, Lana. You're being such a good girl!

If you're good-looking, perhaps we could meet in Orange County, and discuss having sex. That way, I can corrupt you into being a "bad girl."

IAAL

But then you'll get all soft for her and encourage the ambulance chasing.