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How I got an O-1 visa as a software engineer

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21–30 of 209 posts

Re: How I got an O-1 visa as a software engineer

#21
post #16

I have a dumb question but how often do tourist visa overstayers get deported while running their own business under an incorporated ITIN? There's not even an I-9 check for non-employee income. There's got to be millions of people doing something like this or as 'independent contractors' considering how trivial it is and the obvious completely broken immigration system that demands these kinds of hacks.

Why would you go through the trouble? Most people I worked with in restaurants would just find someone’s name/ssn to use, put they had 10 children, and never ever file taxes. I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.

Many 'illegal immigrants' also entered legally with a visa that allows them to get a real SSN, like most J1 exchange scholars or students. These cards usually show a line saying not for work except for permission, but there is probably an underground network for faking a normal one.

Re: How I got an O-1 visa as a software engineer

#22
post #18
post #13

Earlier quoted context omitted.

I could argue EB-1 is easier. Become a manager at FANG -> apply for EB1.

It's not that simple. You need to have been a manager outside of the US for 1 year, apply and get approved for L1C visa, enter the country on that and then once in the US apply under EB1C. All the time maintaining legal status.

It's trivial compared to waiting 15 years for your EB-2 to be processed.

Re: How I got an O-1 visa as a software engineer

#23
post #17

Earlier quoted context omitted.

> It's permission to enter the U.S., that's what a visa is, isn't it? I don't think so. You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid. EB-1/2/3 are categories un…

That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card. You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.

Not sure why this comment is being downvoted. It's exactly right: you can apply for EB visas (or any other permanent resident classification you're eligible for) without any prior connection to the US and get an "immigrant visa" in your passport to travel to the US.

Re: How I got an O-1 visa as a software engineer

#24
post #20
post #16

Earlier quoted context omitted.

Why would you go through the trouble? Most people I worked with in restaurants would just find someone’s name/ssn to use, put they had 10 children, and never ever file taxes. I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

They won't use a Chase account. They'll get paid cash or a physical check they can take to a check cashing place.

Re: How I got an O-1 visa as a software engineer

#25
post #17

Earlier quoted context omitted.

> It's permission to enter the U.S., that's what a visa is, isn't it? I don't think so. You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid. EB-1/2/3 are categories un…

That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card. You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.

There is no such thing as EB visas.

While your greencard is processed you can indefinitely renew your current visa (eg HB1 you get it for 3 years and can renew only once, with application pending you can keep renewing it).

Also, Green Card has different stages with their own limitations PERM -> I140 -> I485 -> green card.

Re: How I got an O-1 visa as a software engineer

#26
post #20
post #16

Earlier quoted context omitted.

Why would you go through the trouble? Most people I worked with in restaurants would just find someone’s name/ssn to use, put they had 10 children, and never ever file taxes. I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

> There are companies that provide a LLC with a SSN for just a fix payment of $400

This has to be a TIN (Tax Identification Number) not a SSN (Social Security Number). As far as I know SSNs are only issued to people.

Re: How I got an O-1 visa as a software engineer

#27
post #12

Earlier quoted context omitted.

Right. The O-1, the "extraordinary ability" visa, is easily confused with the EB-1, sometimes called the "Einstein visa." The latter is for those seeking permanent residency, and the former is not. The EB-1 became notorious a few years back in some circles when it was pointed out that the first lady had gotten one for modeling, but like this article points out, the criteria to get one is not as insurmountable as it m…

EB-1 is not a visa. It's a category for permanent residence application. It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/gree... You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.

USCIS calls it a visa in the first sentence:

https://www.uscis.gov/working-in-the-united-states/permanent...

You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

Re: How I got an O-1 visa as a software engineer

#28
post #20

Earlier quoted context omitted.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

They won't use a Chase account. They'll get paid cash or a physical check they can take to a check cashing place.

Yes but my question was not about how they open a Chase account, but why Chase requires a SSN if SSN are sold in a black market (according to the previous comment)

Re: How I got an O-1 visa as a software engineer

#29
post #20
post #16

Earlier quoted context omitted.

Why would you go through the trouble? Most people I worked with in restaurants would just find someone’s name/ssn to use, put they had 10 children, and never ever file taxes. I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

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Re: How I got an O-1 visa as a software engineer

#30
post #20

Earlier quoted context omitted.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

They won't use a Chase account. They'll get paid cash or a physical check they can take to a check cashing place.

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