Legal Question in Immigration Law in California

Hi there,

Basically it goes like this. My I-94 expired yesterday, my visa is valid for 10 years, I applied for an I-94 extension one month ago, so I could stay and travel out East. Obviously that extension is yet to be processed and might take some time (1 month maybe). Last week a film producer I met offered me a position to work for him as him associate producer. I can't apply for a temp work visa H-2B till I have a valid I-94. The application for extension was completely non-frivilous, I came to the USA on my B2, 6 months ago, to stay with my friends, of which I have many, and now am doing so on the East Coast (I flew out from CA last week). I have not and am not looked for work of any kind while in the USA. It just so happened that this job offer came up in WV, and I am able to extend my graduate studies in New Zealand (I'm a NZ National), for another 6 months - 1 year while I work on this project in the USA. In my extension application I mentioned my intensions for this visit to the East Coast, and my current return flight to NZ on Nov 10, this year.

Since I wish to apply for this work visa asap, but can't since I need a valid I-94, and that date of that is uncertain, how best I proceed? Leaving the USA and applying for a H-2B will be a large and timely expense.

The reason that this is hasty, is due to the fact that I must a) change my flight if I can stay and work b) contact my NZ employer and let them know I won't be returning to work in Nov, and c)extend my university studies beyond the timeframe of this position in the USA.

I will be working with the production companies that made Inconvenient Truth, and numerous National Geographic, Discovery, and Animal Planet documentaries.

All help is kindly appreciated.

Sincerely

Todd Chaplin


Asked on 10/07/10, 7:19 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Dear Todd Chaplin:

Did you submit your original I-94 card to the USCIS? You should have mailed the copy only.

What is your education, background? Is the employer ready to file a work visa petition on your behalf? Did they mention that they are going to file H2B visa?

If you can afford to schedule a consultation with a good immigration lawyer, you should do so without delay.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/12/10, 2:16 pm


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