(1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
May 21st 2009, 10:24 pm
#16
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Joined: May 2009
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Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Thanks Rene.
But what if it's a small company/organisation that aren't in the habbit of hiring "corporate lawyers"? Would they be reassured to know that a potential employee has found their own lawyer?
Or is that just unrealistic.
Is it specifically that employers don't want to employ people who need visas (I guess that would be partly because of the additional costs) or is it the same for those who need visas and those who don't - that employers are not willing to hire "people in general".
But what if it's a small company/organisation that aren't in the habbit of hiring "corporate lawyers"? Would they be reassured to know that a potential employee has found their own lawyer?
Or is that just unrealistic.
Is it specifically that employers don't want to employ people who need visas (I guess that would be partly because of the additional costs) or is it the same for those who need visas and those who don't - that employers are not willing to hire "people in general".
May 21st 2009, 10:33 pm
#17
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Joined: Sep 2006
Posts: 1,966
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Another equivalency company I have used and found them cheaper and fast is www.trustfortecorp.com
May 21st 2009, 10:43 pm
#18
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Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Thanks Rene.
But what if it's a small company/organisation that aren't in the habbit of hiring "corporate lawyers"? Would they be reassured to know that a potential employee has found their own lawyer?
Or is that just unrealistic.
Is it specifically that employers don't want to employ people who need visas (I guess that would be partly because of the additional costs) or is it the same for those who need visas and those who don't - that employers are not willing to hire "people in general".
But what if it's a small company/organisation that aren't in the habbit of hiring "corporate lawyers"? Would they be reassured to know that a potential employee has found their own lawyer?
Or is that just unrealistic.
Is it specifically that employers don't want to employ people who need visas (I guess that would be partly because of the additional costs) or is it the same for those who need visas and those who don't - that employers are not willing to hire "people in general".
I don't know all the specifics about the H1B visa, so I can't really say much about whether it's OK for you to say you have your own lawyer, and pay your own lawyer fees. That may or may not be allowed, I'm not sure.
Rene
May 22nd 2009, 4:00 pm
#19
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Posts: 367
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
The first thing to do is to secure a job and contact an immigration lawyer. You then need to organise your credential evaluation.
May 22nd 2009, 4:15 pm
#20
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Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Note that doing the education equivalency thing is not required. It all depends on the employer. If they are okay with accepting your credentials as they are, then fine.
But it might not be a bad idea to have it handy in case a potential employer asks.
- Eric S.
But it might not be a bad idea to have it handy in case a potential employer asks.
- Eric S.
May 22nd 2009, 4:18 pm
#21
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Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
- Eric S.
May 22nd 2009, 6:54 pm
#22
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Joined: Apr 2003
Posts: 367
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
It is required for the H1B to prove that your credentials are equivalent to a US 4 year degree - a requirement for getting a H1B in the first place. My employer didn't require it.
May 22nd 2009, 11:09 pm
#23
US immigration lawyer.
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Finally, I agree with the earlier posters: the fact that H-1b season is still open tells you how fastidious USCIS is being right now with all the H applications. Attorneys -- horrible though we may be -- are getting hit (for our clients' sake) with voluminous, heretofore unexperienced, and shockingly intrusive Requests for Evidence.
--J
May 23rd 2009, 1:01 am
#24
Forum Regular
Joined: Nov 2008
Location: Los Angeles, CA
Posts: 82
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Hello,
I am one of those "law people." I will see what I can do to answer some of your questions. You are clearly disappointed, either with lawyers or with consultation fees, or with the U.S. immigration system. It's your right to feel that way.
1. H-1B:
You have not raised the point that I was looking for in your message: do you have an employer willing to sponsor you for this visa? Even the first attorney, in his own way, told you to find one. Here is your quote: "the first lawyer, the “immigration attorney”, had told me to apply for jobs, tell the potential employee that I have an attorney who has guaranteed he can obtain the H-1B visa within a month, but the employer just needs to agree to "sponsor" me by offering me the job and agreeing to the H-1B visa application."
I personally would have never made that guarantee, but the core of what he told you is correct: you need to find an employer willing to sponsor you. An attorney cannot do that. You must accomplish that.
For other H-1B issues, you can use the sufficient amount of work experience as a substitute for having a bachelor's degree. If your potential employer does not have an attorney, you can suggest one, or have them find one. I do not want to suggest that you need an attorney. However, this is a complicated field. If you make mistakes, it will cost you time. If you burn through enough time, they may run out of H-1B visas. As of May 18, USCIS had processed 45,500 out of the 65,000 visas.
2. Other Business Visas:
Other business visas do exist. Do you work for a company that has a subsidiary/branch in the U.S.? You could come over as an intercompany transferee. You could invest in a business and come in that way. Do you have extraordinary abilty in the sciences, arts, education, athletics, etc...? Visas exist for that.
You could apply to a university or an exchange visitor program and come over that way.
3. Family:
If your wife is an LPR, she should apply for you. Why wait until she becomes a citizen? What if she has delays with the naturalization process? As a side note, most temporary visas (business, education, etc...) will ask if you have U.S. relatives, and may ask if you have been sponsored. You will have to declare the relevant information in this section.
Has anyone else in your family had U.S. citizenship status? Parents, grandparents, etc... Perhaps you can obtain benefits through them.
I hope this was helpful.
I am one of those "law people." I will see what I can do to answer some of your questions. You are clearly disappointed, either with lawyers or with consultation fees, or with the U.S. immigration system. It's your right to feel that way.
1. H-1B:
You have not raised the point that I was looking for in your message: do you have an employer willing to sponsor you for this visa? Even the first attorney, in his own way, told you to find one. Here is your quote: "the first lawyer, the “immigration attorney”, had told me to apply for jobs, tell the potential employee that I have an attorney who has guaranteed he can obtain the H-1B visa within a month, but the employer just needs to agree to "sponsor" me by offering me the job and agreeing to the H-1B visa application."
I personally would have never made that guarantee, but the core of what he told you is correct: you need to find an employer willing to sponsor you. An attorney cannot do that. You must accomplish that.
For other H-1B issues, you can use the sufficient amount of work experience as a substitute for having a bachelor's degree. If your potential employer does not have an attorney, you can suggest one, or have them find one. I do not want to suggest that you need an attorney. However, this is a complicated field. If you make mistakes, it will cost you time. If you burn through enough time, they may run out of H-1B visas. As of May 18, USCIS had processed 45,500 out of the 65,000 visas.
2. Other Business Visas:
Other business visas do exist. Do you work for a company that has a subsidiary/branch in the U.S.? You could come over as an intercompany transferee. You could invest in a business and come in that way. Do you have extraordinary abilty in the sciences, arts, education, athletics, etc...? Visas exist for that.
You could apply to a university or an exchange visitor program and come over that way.
3. Family:
If your wife is an LPR, she should apply for you. Why wait until she becomes a citizen? What if she has delays with the naturalization process? As a side note, most temporary visas (business, education, etc...) will ask if you have U.S. relatives, and may ask if you have been sponsored. You will have to declare the relevant information in this section.
Has anyone else in your family had U.S. citizenship status? Parents, grandparents, etc... Perhaps you can obtain benefits through them.
I hope this was helpful.
Hi,
I just registered with British Expats.com. I wish I had found this forum a long time ago. I’ll try to be concise.
I’m British. Married to a US permanent resident. Go married Oct 08. She had earlier been granted political asylum in the U.S. I did some research early 2008 about the I-130. Looked promising. But I still wanted to know the facts.
Consulted a US immigration attorney, summer 2008. Paid about $300. He said that it would “take about a year” on the I-130 route, so best to go the H-1B route (he was wrong – although I gave him the facts, he totally overlooked the fact that my wife is not a U.S. citizen. That’s a difference between about a year and five years on the I-130 route!). But I do not have a degree. He said it’s okay – judging by my CV I should be able to get an equivalency test done. UK A-levels plus my work experience = ‘?’ in U.S. educational terms. Also, I have worked in the non-profit sector for years, and in the US there are, apparently, fewer restrictions on H-1B visas for the non-profit sector. It all sounded promising.
So after our October wedding, we were in less of a rush than we might have been to file the I-130. But also, various other things to deal with that have taken time. Unfortunately we’ve been too slow. I’ve now been in the U.S. for almost three months on the visa waiver programme. We planned to file the I-130 immediately, but we just ended up getting confused by various stuff we read about. How does the I-130 affect the H-1B etc. or how does the H-1B affect the pending I-130? We can’t afford to make mistakes.
Did a lot of internet research. Wanted a second opinion on what the lawyer told me. Went to a local bar association, paid $30 to register and got referred to an immigration lawyer for a free 30 minute consultation. Got pretty much the same info (but with less enthusiasm that it would all work out okay). But due to constant interruptions throughout the consultation, and a completely messy / chaotic office, and the lawyer’s weird attitude, I decided I wouldn’t be returning there for help. I told the bar association. They referred me to someone else. What the hell. Free advice. But this guy turned out to know even less than I know about immigration! And he said he charges $3,500 to file the I-130. He also told me loads of stuff that is simply not true, according to what I had already learnt and according to what some helpful people on the Visa Journey forum told me following the consultation. He had a few details to check and would get back to me. A week later, nothing.
None of these three lawyers told me what people on the Visa Journey forum told me: an employer files the H-1B. You can’t file it yourself, even with the help of a lawyer!
That is what I had previously understood. For years. Common knowledge, isn’t it? Well, the first lawyer, the “immigration attorney”, had told me to apply for jobs, tell the potential employee that I have an attorney who has guaranteed he can obtain the H-1B visa within a month, but the employer just needs to agree to "sponsor" me by offering me the job and agreeing to the H-1B visa application. Since I was paying the fees, it was more likely that the potential employer would be willing to employ someone from the UK. Looked realistic on paper, but I wasn’t so confident about the reality.
Incidentally, this is what he wanted to charge for getting me an H-1B:
Lawyer fees $3,500
US government filing fee $320
Anti-fraud fee (?) $500
Education evaluation assessment $350
A few days ago I emailed this lawyer, telling him that he made a mistake about the I-130, and that I was having my doubts about his promise of an H-1B. So I sent him an email as I was curious to know what response I would get. I received this reply:
“You need to be properly informed and updated as to H1-b's in general---both for profit and non profit-and as to your other issues of concern. It would therefore be a good idea to schedule a proper phone consultation.”
Okay I need an update, but I thought he had already “informed” me in summer 2008?
I said I wasn’t in a position to pay more consultation fees right now, but nonetheless asked how much (out of curiosity to see if he would address my concerns regarding what he had told me or if he was trying to just get my money). He replied: “Usually its $350 but as we already had one..we can do for $175.”
I am trying to think of a suitable reply to this email. I’d like to put him on the spot a bit. Does anyone have any suggestions?
Someone on the Visa Journey forum warned me: “This happens quite a lot, but I'm afraid it's usually a scam. There are lots of 'visa agents' that claim to be lawyers and say that they will get you a H1B for a fee. You won't get the visa or the fee back.”
Very curious to know what others make of all this. I hope I’ve not been too naïve. It seems I made a mistake. I didn't know anything about this situation, so I sought the advice of an "expert". A legal expert. It seems he told me what he thought I'd want to hear, and is still happy to take more money. And this is all carried out legally in the name of "law"?
So now I feel like I don’t have a chance on the H-1B route and we have to wait two years until my wife becomes a citizen. I’m seriously stressed by this situation and these “law people” talking rubbish and being too willing to take my money. After a four-year, long-distance relationship of the occasional three weeks, two weeks, or three months together, and two or three months apart at a time, I really can't stand to be separated from my wife any more.
Thank you for reading.
I just registered with British Expats.com. I wish I had found this forum a long time ago. I’ll try to be concise.
I’m British. Married to a US permanent resident. Go married Oct 08. She had earlier been granted political asylum in the U.S. I did some research early 2008 about the I-130. Looked promising. But I still wanted to know the facts.
Consulted a US immigration attorney, summer 2008. Paid about $300. He said that it would “take about a year” on the I-130 route, so best to go the H-1B route (he was wrong – although I gave him the facts, he totally overlooked the fact that my wife is not a U.S. citizen. That’s a difference between about a year and five years on the I-130 route!). But I do not have a degree. He said it’s okay – judging by my CV I should be able to get an equivalency test done. UK A-levels plus my work experience = ‘?’ in U.S. educational terms. Also, I have worked in the non-profit sector for years, and in the US there are, apparently, fewer restrictions on H-1B visas for the non-profit sector. It all sounded promising.
So after our October wedding, we were in less of a rush than we might have been to file the I-130. But also, various other things to deal with that have taken time. Unfortunately we’ve been too slow. I’ve now been in the U.S. for almost three months on the visa waiver programme. We planned to file the I-130 immediately, but we just ended up getting confused by various stuff we read about. How does the I-130 affect the H-1B etc. or how does the H-1B affect the pending I-130? We can’t afford to make mistakes.
Did a lot of internet research. Wanted a second opinion on what the lawyer told me. Went to a local bar association, paid $30 to register and got referred to an immigration lawyer for a free 30 minute consultation. Got pretty much the same info (but with less enthusiasm that it would all work out okay). But due to constant interruptions throughout the consultation, and a completely messy / chaotic office, and the lawyer’s weird attitude, I decided I wouldn’t be returning there for help. I told the bar association. They referred me to someone else. What the hell. Free advice. But this guy turned out to know even less than I know about immigration! And he said he charges $3,500 to file the I-130. He also told me loads of stuff that is simply not true, according to what I had already learnt and according to what some helpful people on the Visa Journey forum told me following the consultation. He had a few details to check and would get back to me. A week later, nothing.
None of these three lawyers told me what people on the Visa Journey forum told me: an employer files the H-1B. You can’t file it yourself, even with the help of a lawyer!
That is what I had previously understood. For years. Common knowledge, isn’t it? Well, the first lawyer, the “immigration attorney”, had told me to apply for jobs, tell the potential employee that I have an attorney who has guaranteed he can obtain the H-1B visa within a month, but the employer just needs to agree to "sponsor" me by offering me the job and agreeing to the H-1B visa application. Since I was paying the fees, it was more likely that the potential employer would be willing to employ someone from the UK. Looked realistic on paper, but I wasn’t so confident about the reality.
Incidentally, this is what he wanted to charge for getting me an H-1B:
Lawyer fees $3,500
US government filing fee $320
Anti-fraud fee (?) $500
Education evaluation assessment $350
A few days ago I emailed this lawyer, telling him that he made a mistake about the I-130, and that I was having my doubts about his promise of an H-1B. So I sent him an email as I was curious to know what response I would get. I received this reply:
“You need to be properly informed and updated as to H1-b's in general---both for profit and non profit-and as to your other issues of concern. It would therefore be a good idea to schedule a proper phone consultation.”
Okay I need an update, but I thought he had already “informed” me in summer 2008?
I said I wasn’t in a position to pay more consultation fees right now, but nonetheless asked how much (out of curiosity to see if he would address my concerns regarding what he had told me or if he was trying to just get my money). He replied: “Usually its $350 but as we already had one..we can do for $175.”
I am trying to think of a suitable reply to this email. I’d like to put him on the spot a bit. Does anyone have any suggestions?
Someone on the Visa Journey forum warned me: “This happens quite a lot, but I'm afraid it's usually a scam. There are lots of 'visa agents' that claim to be lawyers and say that they will get you a H1B for a fee. You won't get the visa or the fee back.”
Very curious to know what others make of all this. I hope I’ve not been too naïve. It seems I made a mistake. I didn't know anything about this situation, so I sought the advice of an "expert". A legal expert. It seems he told me what he thought I'd want to hear, and is still happy to take more money. And this is all carried out legally in the name of "law"?
So now I feel like I don’t have a chance on the H-1B route and we have to wait two years until my wife becomes a citizen. I’m seriously stressed by this situation and these “law people” talking rubbish and being too willing to take my money. After a four-year, long-distance relationship of the occasional three weeks, two weeks, or three months together, and two or three months apart at a time, I really can't stand to be separated from my wife any more.
Thank you for reading.
May 23rd 2009, 1:35 am
#25
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
[
Finally, I agree with the earlier posters: the fact that H-1b season is still open tells you how fastidious USCIS is being right now with all the H applications. Attorneys -- horrible though we may be -- are getting hit (for our clients' sake) with voluminous, heretofore unexperienced, and shockingly intrusive Requests for Evidence.
Finally, I agree with the earlier posters: the fact that H-1b season is still open tells you how fastidious USCIS is being right now with all the H applications. Attorneys -- horrible though we may be -- are getting hit (for our clients' sake) with voluminous, heretofore unexperienced, and shockingly intrusive Requests for Evidence.
I don't think "fastidious" is the word these days -- "out to lunch" maybe, "up yours" perhaps, even "creative."
I was just consulted on a denial of an H-1 petition -- from what I was able to read was the USCIS thought the Occupational Outlook Handbook was binding only if they could formulate some argument that militated against approval. However, if the OOH actually helped the petitioner, then CIS was not bound to follow it.
May 23rd 2009, 2:03 am
#26
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
WTF?!?
Three lawyers together in one thread?
Looks like we've got an infestation! We may have to fumigate!
Three lawyers together in one thread?
Looks like we've got an infestation! We may have to fumigate!
May 25th 2009, 12:56 am
#27
Forum Regular
Joined: Mar 2007
Posts: 116
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Will pending I-130 will hurt future H1b or E3 work visa application?
Cheers,
Cheers,
May 25th 2009, 6:05 am
#29
Forum Regular
Joined: Mar 2007
Posts: 116
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Well it's not arbitrary question or trying to snatch other's thread.
It was just honest question arise from OP story and also been asked by OP "How does the I-130 affect the H-1B etc"
So was it unrelated, Naah don't think so.
It was just honest question arise from OP story and also been asked by OP "How does the I-130 affect the H-1B etc"
So was it unrelated, Naah don't think so.
May 25th 2009, 3:14 pm
#30
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: (1) “Immigration attorney” sham? (2) H-1B in non-profit sector?
Good luck with the replies.