u01jsw6

Hi everyone.

I want to start by thanking anyone who responds to this in advance.

I need some help:
I am currently a UK citizen, studying a Masters Degree in Engineering. I will be awarded my degree in July 2011. I have a job offer from my Uncle's company based in Texas. My uncle is a green card holder and has been living in the US for over 20 years. He is married to an American citizen and has a child.

I understand that he will have to apply for an H1B visa (I think) and file an LCA but I am confused as to timings. Ideally I want to start work as soon as possible after I graduate in July 2011.

Does anyone have any idea roughly how long this could take?

Also do you think I will be a suitable candidate for being awarded an H1B visa?

I will be obtaining a Masters Degree in Mechanical Engineering with Materials from the University of Aberdeen in Scotland. I have had 4 months work experience in a worlwide oil and gas company and have also been a 3 year recipient of their academic scholarship.

Does this hold any weight in my application? Also would including details and a reference on my research thesis for a different oil and gas company be beneficial?

Thank you again in advance for your responses.

With Kind Regards

James

Noorah101

What kind of company does your uncle own? What would your job description/job title be? What would your actual job entail? How big is his company?

Most companies have an immigration attorney working for them to do H1B visas. It's not really a do-it-yourself project. Has your uncle ever done this before? Has he ever hired anyone from overseas?

Have your uncle consult with an immigration attorney with experience in work visas, to see how the process works, the costs involved, the timing, and whether you would have a chance of making it work.

Rene

u01jsw6

He owns a Project Management / General Contracting Company. It is degree specific work. I would be a project manager directly responsible for estimating and managing my own projects. The company is not that big as he primarily uses subcontractors. (less than 10 employees on payroll). He has never done this before.

Thank you for your response

Duncan Roberts

I'm going to take a guess and say it will stay that way.

u01jsw6

I am confused as to what you mean? He has already found an attorney - I was just wanting some opinions on how long the whole process it is likely to take - he is paying for the premium processing, but I am unsure roughly how long it will take from start to finish including embassy interviews!

Duncan Roberts

It's not that easy, most people have no shot at a visa. Paying for premium processing and hiring a lawyer won't get you a visa if you and the company don't qualify for one.

u01jsw6

I understand this. I know I have necessary qualifications to qualify for one but what do you mean the company has to qualify for one?

Brat1

I think what Duncan is trying to say James, is that just because your uncle hires an immigration attorney, it really isn't that simple and many people get turned down for H1-b's. Having said that, if your uncle is willing to pay for the Attorney and all the fees that will go along with that, then there is no reason not to give it a try. My husband was granted an H1-b but there was a whole load of documents he had to provide for evidence about his experience etc but I can't comment on your field of work because I don't know how much in demand your degree would be here and if there are many US residents who could easily be employed for your position. Even if you get as far as an interview at the Embassy, you can still be turned down.

As for the timing, if I remember right, the new quota of H1-b's starts in April for a start date of October the same year, and no earlier. There has not been the scramble for H1-b's over the last 2 year because of the economy and there are many visa's sitting available from April. There is a lot of useful information on here and loads of previous threads, and I'm sure there are plenty of guys on here who could advise you better than I can, but I would gather as much information as you can to see if you would qualify and obviously, get your uncle to find out what the Attorney's fees will be as this application, as with any visa for the US is not just a few hundred quid.

Good luck anyway and if I can help any more, pm me and I'll see what I can remember from when we went through it.

Brat1

I think he means that the company would have to prove that if they were to employ you, they are not taking a job away from someone here who would be more than capable of doing the same job. I think anyway.

lisa67

The employer must meet certain requirements to employ someone on an H1B.
Take a look at : http://www.immihelp.com/visas/h1b/h1...uirements.html

it may shed some light

Marocco

That's only a requirement for so-called "H1B dependent" employers. The OP's uncle has never petitioned for H1B before, so he's unlikely to be H1B dependent.

Brat1

Marocco - what does H1-b dependent mean. Does that mean that they require to employ H1-b people for their company to run or am I being totally thick - again???

lisa67

http://www2.gtlaw.com/pub/ppt/visas/sld007.htm

Marocco

As I mentioned on the other board, it sounds like you qualify for H1B, based on what you have written. However, if your uncle has never petitioned anyone for an H1B visa before, it's likely that he doesn't know how difficult and expensive it is, and at some point he may decide it's not worth his while. Even if he doesn't change his mind, the people who review the petition may suspect that he's only doing it to let you immigrate to the US, and an H1B visa is not supposed to be used in this way. Hopefully, a lawyer will be able to advise him on the best way to proceed.

Ray

He can apply for you after april 1st 2011 ..and you can start Oct 1 st if sucessful .. what usually happens is when the employer finds out they have to pay $5000 plus getting this visa .. for you they realize there are many local peopl ewho can do the job and cost them n nothing