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Question about transferring from J-1 to H1-B

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Old May 21st 2004, 2:46 pm
  #1  
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Default Question about transferring from J-1 to H1-B

I am currently working / training as a real estate paralegal with a law firm in TN on a J-1 visa - which still has 16 mos or so to run.

My employer has told me they would like me to stay beyond this period. I am still in the transitional period right now - but realise that if I don't start looking into this now - if I def. want to stay on I need to start laying the ground work now. It took me almost 2 yrs to find this job - and I was competing against a few US citizens at the time - they are a small firm - have never hired a foreign worker before and I made a big thing at my interview about how if they wanted to keep me on (and it was possible) that I would cover the costs of the fees to switch to H1B as I knew that was going to be a negative of my application with them being so small etc.

I have had a quote of $2,900 (a flat fee) for H1B applications - does this seem reasonable, does anyone know? It would seem from what I have read that I can do it myself possibly without using a lawyer - and financially I have no clue how I will come up with that kind of money right now to file in time for October.

Anyways - it is further complicated by the fact that I do NOT have a degree - however it is my understanding that if you have x amount of years work experience in your job to cover each year at university that this would be acceptable. I don't want to go down this route if I am going to be wasting my time if a real estate paralegal/closer is not classed as specialized enough - although I have been led to believe that it is.

Has anyone filed for H1-B themselves without an atty - or, switched from J1 to this category - or been successful by going down the work experience route to gain it without a degree? And, does the employer have to do a lot of form filling - background work - it is my understanding that they do have to prove that there is no US citizen that can do the job - do I hae this right>

A lot of questions I know, but I am getting so much conflicting information from all the sites I am looking at and just wondered if anyone had personal experiences or any info - any help would be much appreciated!

Thanks
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Old May 22nd 2004, 12:50 am
  #2  
Observer
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Default Re: Question about transferring from J-1 to H1-B

H1B is out of question since you don't have degree. Only TN status allows
you to work with 12 years experience without a four years degree but not
H1B.

"Lesley1020" <member22415@british_expats.com> wrote in message
news:[email protected]...
    > I am currently working / training as a real estate paralegal with a law
    > firm in TN on a J-1 visa - which still has 16 mos or so to run.
    > My
    > employer has told me they would like me to stay beyond this period. I
    > am still in the transitional period right now - but realise that if I
    > don't start looking into this now - if I def. want to stay on I need to
    > start laying the ground work now. It took me almost 2 yrs to find
    > this job - and I was competing against a few US citizens at the time -
    > they are a small firm - have never hired a foreign worker before and I
    > made a big thing at my interview about how if they wanted to keep me on
    > (and it was possible) that I would cover the costs of the fees to switch
    > to H1B as I knew that was going to be a negative of my application with
    > them being so small etc.
    > I have had a quote of $2,900 (a flat fee) for
    > H1B applications - does this seem reasonable, does anyone know? It
    > would seem from what I have read that I can do it myself possibly
    > without using a lawyer - and financially I have no clue how I will come
    > up with that kind of money right now to file in time for October.
    > Anyways - it is further complicated by the fact that I do NOT have a
    > degree - however it is my understanding that if you have x amount of
    > years work experience in your job to cover each year at university that
    > this would be acceptable. I don't want to go down this route if I am
    > going to be wasting my time if a real estate paralegal/closer is not
    > classed as specialized enough - although I have been led to believe that
    > it is.
    > Has anyone filed for H1-B themselves without an atty - or,
    > switched from J1 to this category - or been successful by going down the
    > work experience route to gain it without a degree? And, does the
    > employer have to do a lot of form filling - background work - it is my
    > understanding that they do have to prove that there is no US citizen
    > that can do the job - do I hae this right>
    > A lot of questions I know,
    > but I am getting so much conflicting information from all the sites I am
    > looking at and just wondered if anyone had personal experiences or any
    > info - any help would be much appreciated!
    > Thanks
    > --
    > Posted via http://britishexpats.com
 
Old May 22nd 2004, 3:23 am
  #3  
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Default Re: Question about transferring from J-1 to H1-B

I am in TN - but that's weird - I talked brieflywith an immigration atty to get costs and he knows my circumstances and told me I could apply so I'm really confused now!

Originally posted by Observer
H1B is out of question since you don't have degree. Only TN status allows
you to work with 12 years experience without a four years degree but not
H1B.

"Lesley1020" <member22415@british_expats.com> wrote in message
news:[email protected]...
    > I am currently working / training as a real estate paralegal with a law
    > firm in TN on a J-1 visa - which still has 16 mos or so to run.
    > My
    > employer has told me they would like me to stay beyond this period. I
    > am still in the transitional period right now - but realise that if I
    > don't start looking into this now - if I def. want to stay on I need to
    > start laying the ground work now. It took me almost 2 yrs to find
    > this job - and I was competing against a few US citizens at the time -
    > they are a small firm - have never hired a foreign worker before and I
    > made a big thing at my interview about how if they wanted to keep me on
    > (and it was possible) that I would cover the costs of the fees to switch
    > to H1B as I knew that was going to be a negative of my application with
    > them being so small etc.
    > I have had a quote of $2,900 (a flat fee) for
    > H1B applications - does this seem reasonable, does anyone know? It
    > would seem from what I have read that I can do it myself possibly
    > without using a lawyer - and financially I have no clue how I will come
    > up with that kind of money right now to file in time for October.
    > Anyways - it is further complicated by the fact that I do NOT have a
    > degree - however it is my understanding that if you have x amount of
    > years work experience in your job to cover each year at university that
    > this would be acceptable. I don't want to go down this route if I am
    > going to be wasting my time if a real estate paralegal/closer is not
    > classed as specialized enough - although I have been led to believe that
    > it is.
    > Has anyone filed for H1-B themselves without an atty - or,
    > switched from J1 to this category - or been successful by going down the
    > work experience route to gain it without a degree? And, does the
    > employer have to do a lot of form filling - background work - it is my
    > understanding that they do have to prove that there is no US citizen
    > that can do the job - do I hae this right>
    > A lot of questions I know,
    > but I am getting so much conflicting information from all the sites I am
    > looking at and just wondered if anyone had personal experiences or any
    > info - any help would be much appreciated!
    > Thanks
    > --
    > Posted via http://britishexpats.com
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Old May 22nd 2004, 7:50 am
  #4  
Observer
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Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

Check this site http://www.workpermit.com/us/employee.htm#UScandH1B which
describes that

Candidate must have secured job offer from a US source
In order to get an H1B visa you will need the equivalent of a US college or
university degree in a relevant subject.

If you have been educated outside the US, this requirement can often be met
by

EITHER - A non-US and/or only partly relevant degree, followed by three or
more years work experience.

OR – Twelve years of high-level work experience.

NB If you wish to practice a profession such as law, medicine, or
accountancy, etc, you will also need to obtain the relevant State or Federal
license to practice in the place of intended employment.





"Lesley1020" <member22415@british_expats.com> wrote in message
news:[email protected]...
    > I am in TN - but that's weird - I talked brieflywith an immigration
    > atty to get costs and he knows my circumstances and told me I could
    > apply so I'm really confused now!
    > Originally posted by
    > Observer
    > > H1B is out of question since you don't have degree.
    > Only TN status allows
    > > you to work with 12 years experience without
    > a four years degree but not
    > > H1B.
    > >
    > > "Lesley1020"
    > <member22415@british_expats.com> wrote in message
    > > news:1435-
    > [email protected]"]news:1435929.1085193983@britishex-
    > pats.com[/url]...
    > > > I am currently working / training as a
    > real estate paralegal with a law
    > > > firm in TN on a J-1
    > visa - which still has 16 mos or so to run.
    > > > My
    > >
    > > employer has told me they would like me to stay beyond this
    > period. I
    > > > am still in the transitional period right
    > now - but realise that if I
    > > > don't start looking into
    > this now - if I def. want to stay on I need to
    > > > start
    > laying the ground work now. It took me almost 2 yrs to find
    > > > this job - and I was competing against a few US citizens at
    > the time -
    > > > they are a small firm - have never hired a
    > foreign worker before and I
    > > > made a big thing at my
    > interview about how if they wanted to keep me on
    > > > (and
    > it was possible) that I would cover the costs of the fees to
    > switch
    > > > to H1B as I knew that was going to be a negative
    > of my application with
    > > > them being so small etc.
    > >
    > > I have had a quote of $2,900 (a flat fee) for
    > > > H1B
    > applications - does this seem reasonable, does anyone know?
    > It
    > > > would seem from what I have read that I can do it
    > myself possibly
    > > > without using a lawyer - and
    > financially I have no clue how I will come
    > > > up with that
    > kind of money right now to file in time for October.
    > > >
    > Anyways - it is further complicated by the fact that I do NOT have
    > a
    > > > degree - however it is my understanding that if you
    > have x amount of
    > > > years work experience in your job to
    > cover each year at university that
    > > > this would be
    > acceptable. I don't want to go down this route if I am
    > >
    > > going to be wasting my time if a real estate paralegal/closer
    > is not
    > > > classed as specialized enough - although I have
    > been led to believe that
    > > > it is.
    > > > Has anyone
    > filed for H1-B themselves without an atty - or,
    > > >
    > switched from J1 to this category - or been successful by going down
    > the
    > > > work experience route to gain it without a degree?
    > And, does the
    > > > employer have to do a lot of form filling
    > - background work - it is my
    > > > understanding that they do
    > have to prove that there is no US citizen
    > > > that can do
    > the job - do I hae this right>
    > > > A lot of questions I
    > know,
    > > > but I am getting so much conflicting information
    > from all the sites I am
    > > > looking at and just wondered if
    > anyone had personal experiences or any
    > > > info - any help
    > would be much appreciated!
    > > > Thanks
    > > > --
    > > Posted via http://britishexpats.com/"]http://brit-
    > ishexpats.com[/url]
    > --
    > Posted via http://britishexpats.com
 
Old May 22nd 2004, 8:26 am
  #5  
Joachim Feise
Guest
 
Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

Observer said on 5/22/2004 12:50:
    > If you have been educated outside the US, this requirement can often be met
    > by
    >
    > EITHER - A non-US and/or only partly relevant degree, followed by three or
    > more years work experience.

BS. The requirement for an H1 is a degree equivalent to a 4-year US bachelor
degree in the field. Period.

    > OR – Twelve years of high-level work experience.

That's also not quite correct.
For every year missing towards the 4-year Us bachelor degree equivalent,
3 years of relevant work experience can be substituted.
Without any college coursework at all, this means 12 years of relevant
work experience. experience.

There are evaluation companies that determine if and to what level the foreign
degree and/or the relevant work experience qualify.

-Joe
 
Old May 22nd 2004, 3:20 pm
  #6  
Observer
Guest
 
Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

FY. Read the web page, AH.

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Observer said on 5/22/2004 12:50:
    > > If you have been educated outside the US, this requirement can often be
met
    > > by
    > >
    > > EITHER - A non-US and/or only partly relevant degree, followed by three
or
    > > more years work experience.
    > BS. The requirement for an H1 is a degree equivalent to a 4-year US
bachelor
    > degree in the field. Period.
    > > OR – Twelve years of high-level work experience.
    > That's also not quite correct.
    > For every year missing towards the 4-year Us bachelor degree equivalent,
    > 3 years of relevant work experience can be substituted.
    > Without any college coursework at all, this means 12 years of relevant
    > work experience. experience.
    > There are evaluation companies that determine if and to what level the
foreign
    > degree and/or the relevant work experience qualify.
    > -Joe
 
Old May 22nd 2004, 3:24 pm
  #7  
Joachim Feise
Guest
 
Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

Observer said on 5/22/2004 20:20:

    > FY. Read the web page, AH.

Who cares about what some commercial website says...
The only thing that counts is what the law says.

-Joe
 
Old May 23rd 2004, 2:43 am
  #8  
Observer
Guest
 
Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

AH: How about this doc?:
http://uscis.gov/graphics/formsfee/f.../i-129inst.pdf


"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Observer said on 5/22/2004 20:20:
    > > FY. Read the web page, AH.
    > Who cares about what some commercial website says...
    > The only thing that counts is what the law says.
    > -Joe
 
Old May 23rd 2004, 7:50 am
  #9  
Joachim Feise
Guest
 
Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

Observer said on 5/23/2004 7:43:

    > AH: How about this doc?:
    > http://uscis.gov/graphics/formsfee/f.../i-129inst.pdf

That states exactly what I said...
Thanks for making my point...

-Joe
 
Old May 23rd 2004, 2:13 pm
  #10  
J. J. Farrell
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Posts: n/a
Default Re: Question about transferring from J-1 to H1-B

"Observer" <[email protected]> wrote in message news:<[email protected]>...
    > H1B is out of question since you don't have degree. Only TN status allows
    > you to work with 12 years experience without a four years degree but not
    > H1B.

Nonsense. I've no idea what TN requires, but 12 years of relevant
degree-level experience can be substituted for a degree for H-1B.
 
Old May 23rd 2004, 2:53 pm
  #11  
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Default Re: Question about transferring from J-1 to H1-B

Originally posted by J. J. Farrell
"Observer" <[email protected]> wrote in message news:<[email protected]>...
    > H1B is out of question since you don't have degree. Only TN status allows
    > you to work with 12 years experience without a four years degree but not
    > H1B.

Nonsense. I've no idea what TN requires, but 12 years of relevant
degree-level experience can be substituted for a degree for H-1B.
That's what I was hoping and had been told - although I am on a trainee visa - I have 12 yrs experience in legal work and am only being classed as a trainee because there are of course differences in the law etc that I need to learn. I guess I will go see another atty and get some more quotes, and try and figure if there is any point in going down this route or if I am simply wasting my time. I'm not even sure I will want to stay beyond my J-1 but know that I need to set the ball rolling now if I do at a later date and after reading this until now I really thought I was wasting my time.\

Thanks!
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