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Posted

I'm on an extension of stay based on marriage and I'd like to apply for a work permit.

The lawyer for the company I'd like to work for says I need a non-immigrant B visa to apply.

When I told him I applied for a wp (with another company) 15 months ago with my extension of stay based on marriage,

he claims that my former extension of stay was based on a non-imm. B visa but because I resigned from that company,

my current extension of stay is therefor not based anymore on a non-imm B visa and I need a new one.

I hope someone understands this because I don't.

Posted

This is not correct. You can get a WP on any Non-Imm (O or B ) with a marriage extension. Only an extension based on retirement does not qualify.

I'm also on a Non-Imm-O with extension for marriage and have a WP based on that.

opalhort

Posted

Actually you do not even need a non immigrant visa to apply - only for the work permit to be issued. And a marriage extension of stay should be accepted by Labor (but some companies don't want you to know that as they have more control if you extended based on employment where you must leave the day employment ends).

Posted

Thank you all for the replies.

The lawyer told me I held 2 visas; a non-imm B and a 'marriage visa' but once I left

my earlier job, the non B expired (because it was tied to my earlier job) and only a 'marriage visa' was not enough.

Posted

You seem to be confused of what you have. It seems like you had a non-B visa and got and extension of stay based on marriage. To be certain it would be nice if you could scan your stamps and post it.

If you have an extension of stay based on marriage you should not have any problems getting a work permit.

Posted

There is no such thing as a "marriage visa". You probably had a Non-B in the past but extended your permit to stay based on marriage.

If you currently have an extension of stay based on marriage, regardless if the original visa was Non-B or -O you will have no problem to apply for a WP.

But continue to extend your permit of stay based on marriage!

If you try to extend based on working (Business) then Immigration may need a Non-B visa.

To extend a permit to stay based on marriage you can use a minimum income of 40K/month from your new job.

opalhort

Posted

Thank you. I have an extension of stay based on marriage; I'm not confused about it but the lawyer is

and he called it "a marriage visa".

Time to change lawyers, I guess.

Thanks again and have a nice weekend!

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