Tuesday, December 28, 2010

How long after your student visa expires can you apply for a working visa?

How long after your student visa expires can you apply for a working visa?
I have a friend who was here from Brazil on a student visa, they had to return home after a family emergency and that visa had expired, my question is how long does it usually take before a working visa can be issued so they can return to the states? Or since that person was here after their visa had already expired can they even return at all?
Immigration - 4 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Your friend needs to find a company to sponsor him for a working visa and that's likely to be tough in this job climate.
2 :
there is no such thing as a working visa, an employer would have to prove no one in the us can do his job pay 10k and sponsor him, never gonna happen
3 :
They can return with a correct visa ..employment visa are applied for by the employer ... get her employer to file
4 :
your friend was out of status in the US when he stayed after the visa had expired. I´m assuming that he maintained his student status and didnt drop out of school. If he overstayed for 180 days but less than a year he faces a 3 year ban from returning to the US. Over 1 year = 10 year ban. If he wants a working visa he needs to have a US employer sponsor him, he cannot apply for that himself. The previous overstay, if it was less than 180 days, could prove to be a HUGE negative on whether or not another visa will be issued.

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