CoolHandFluke

when I said "we" I meant my family, please excuse my inexperience!! I was wondering if there is a visa option to become an immigrant without the would be employer pulling the strings, just myself and my family filling in all forms etc?

My friend who works at the company but I Canada has spoken to his bosses and they are certain they will offer me a job, and help with visas, again im just waiting on a call from them to get the ball rolling, but having read everyones comments and learned that the employer has to basically do everything for me, my worry now is obviously the criminal record etc, and why would they do all the work if there is a big chance I will be unsuccsesfull!!!

Im thinking now I could offer payment to them so they wouldn't lose out in anyway financially for there efforts? what u think?

Noorah101

Yes, there is. It costs about $500,000. Do you have that much to spare? You'd basically be investing that money with no expectation of getting it back, but it does get you a green card.

You are not allowed to pay for anything. The employer must pay.

Rene

Noorah101

I think you should move forward with an H-1B if that's what the employer proposes, and deal with how your criminal past plays out when the time comes. I mean, what the heck, why not? If you don't try at all, you'll never know if it would have worked out or not.

Rene

CoolHandFluke

500k!! omg, yeah I aint got that to gamble with lol, il forget that idea!

CoolHandFluke

My thoughts exactly, if you don't try u never know, I will email my would be employer later and let them know my past slip ups!

thanks for your help, this is a great place, truly glad I found it

Noorah101

Why would you shoot yourself in the foot before even seeing what the employer will propose?? Let the employer take the lead. Let them offer you a visa path. Follow the visa path until such time that you must declare convictions. At that point, you'll see whether it's possible or not.

Rene

CoolHandFluke

surely it will come up though?

civilservant

CoolHandFluke

yeah I want to be honest, its the best policy, id rather have a straight "NO" and then know where I stand,

So annoyed with myself right now, just gotta hope and pray it works out now I guess!

Noorah101

Of course it will, and that's the point where you talk about it. Not prior to even seeing what the employer has in mind.

I agree with civilservant's post.

The employer may not even offer you a visa, so the discussion ends there. If the company does offer you a visa, their immigration attorney will be in touch with you to fill out forms, and that's when you mention the conviction... to the attorney. Then he can advise the best route.

Rene

christmasoompa

As above, there is huge difference in a Canadian work visa and a US one though. For a Canadian work visa, any job qualifies (no education requirement), the visa costs $150, there is no need for an immigration lawyer, and the work permit can be applied for at the airport when you arrive. Even if a LMIA is required, that doesn't add that much in price or waiting time in comparison to a US visa.

For the US the job has to require a degree (you need that or equivalent experience), a lawyer is pretty much essential, it costs the employer approx $5000, and if going for a H1-B the employer will be waiting a minimum of 5 months for you to be able to start work, longer if they have to reapply the following year.

CoolHandFluke

yes il go with that, thanks for the advice

Rete

I've read through the 3 pages of dialogue regarding a potential job offer being made to you and while the prospects of living and working in the US has your head in the clouds, you need to stop for a bit and do a bit more research. You have no inkling of terminology regarding US immigration and this can be a hinderance. You're talking with a friend/relative who was sponsored for a work visa to Canada. Hey, different countries and vastly difference immigration laws. Here the H-1B will cost your employer thousands of dollars to apply for your visa and as others have said there is absolutely no guarantee that you will be issued one. First comes the application which must be submitted in April, then if chosen in the lottery (because this visa is oversubscribed), you still need to clear the hurdles of the US Embassy in London and with a CIMT to your credit, the hurdle jump has been raised to a height you might not be able to clear. If you are lucky, the Embassy might recommend you apply for a waiver of ineligibility but that is not a certainty so please do count on it. There is a thread here which is over 20 pages long of people waiting for their waivers to be adjudicated. Some are experiencing 6 months or longer for adjudication. Will your prospective employer think your qualifications and skill are enough to warrant the outlay of thousands of dollars and the exceptionally long wait to have you join their organization? While work experience can overcome a lack of a degree, a degree in the US and for immigration purposes still holds a higher rank when it comes to employment. Fair? Not really, but it is what it is. Another point is that we don't even know what the job is and if it qualifies for an H-1B visa.

Frankly, IMHO, I don't hold out any hope that you will be successful in your quest to come to the US with a visa sponsored by either of these companies. A far easier approach would be to work for one of these companies in the UK if they have a UK branch and then in a few years they can transfer you to the US via an L visa. The hurdle is still there for overcoming your CIMT and the need for a waiver of ineligibility but at least you are already working for the company, there is no H-1B lottery to deal with and more time will have passed since your conviction and jail time. BTW in the US ignorance of the law is not an excuse. The same goes for your misrepresentation of your crime on the ESTA which allowed you to enter the US under the VWP. BTW ESTA is not a visa nor is the VWP. Brits do not require a visa to visit the US under normal circumstances. The fact that you knew you had a criminal history and didn't do your due diligence, is not in your favor. The use of the VWP can be overcome. It is the CIMT that is the hardest hurdle to get over.

You don't like the cold of the UK, then more to a warm place in Europe. Those doors are open to you while the US door is closed to you at the moment, even for a visit.

CoolHandFluke

thanks for the advice, i do visit europe regular but i would not want to live there, well not yet.

i appreciate the honest comments although they make me sad (sad face)

Jerseygirl

Just a thought, do your employers know about your criminal record? If not, is it part of your contract that such should have been disclosed?