Do I have good grounds for an H1B visa application?
#31
Just Joined
Joined: Nov 2009
Posts: 8
Re: Do I have good grounds for an H1B visa application?
There is pretty specific guidelines about the job description and they state it cannot be specific to a candidate and needs to be the the normal requirements of the position and prevailing wage. If the norm for the job is not an MSc then you can't require on because it gives your candidate a better chance. There are ways to word it well but requiring qualifications not normally needed or offering unusually low wages are not among them.
As other posters have hinted in other threads, when using a H1b to try gain employment with friends/families, you cannot take pay cuts etc to gain favour for employment - the checks/balances are in place to ensure the system cannot be defrauded.
#32
Forum Regular
Joined: Aug 2010
Posts: 73
Re: Do I have good grounds for an H1B visa application?
He's most likely to be on an MEng programme meaning he has no bachelor's degree. In the UK sciences, many undergraduate programmes have combined bachelor's and master's degrees, lasting the 3 or 4 years of the undergrad course plus an extra year of taught courses and maybe a research project.
From the questions he asks, the answers he is looking for are yes it is possible. The employer is his uncle too, while not knowing the finances or closeness of the company or his family I should think the uncle will do everything he can to assist. There are enough links given to arm you with the information that you need, with some added cynicism to send you on your way. Judging by the last few years of H1B takeups, an application in July or sometime after should mean that there are visas available.
My understanding of the H1B requirements is that if there's a job that requires your degree and the employer is willing to pay for it (it being the prevailing wage plus the visa costs) then you have a good shot. It's not as stringent as GC application. I'm not sure whether the visa spaces not being filled up has much of a bearing on your chances, but if you want to do it, have a go, it would be great experience if you can get the visa. Good luck!
From the questions he asks, the answers he is looking for are yes it is possible. The employer is his uncle too, while not knowing the finances or closeness of the company or his family I should think the uncle will do everything he can to assist. There are enough links given to arm you with the information that you need, with some added cynicism to send you on your way. Judging by the last few years of H1B takeups, an application in July or sometime after should mean that there are visas available.
My understanding of the H1B requirements is that if there's a job that requires your degree and the employer is willing to pay for it (it being the prevailing wage plus the visa costs) then you have a good shot. It's not as stringent as GC application. I'm not sure whether the visa spaces not being filled up has much of a bearing on your chances, but if you want to do it, have a go, it would be great experience if you can get the visa. Good luck!
#33
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Joined: May 2007
Location: London
Posts: 1,248
Re: Do I have good grounds for an H1B visa application?
I don't think any of my uncles would have spent the equivalent of $5000-$10000 to help me get a job.
#34
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Joined: Oct 2010
Posts: 8
Re: Do I have good grounds for an H1B visa application?
He's most likely to be on an MEng programme meaning he has no bachelor's degree. In the UK sciences, many undergraduate programmes have combined bachelor's and master's degrees, lasting the 3 or 4 years of the undergrad course plus an extra year of taught courses and maybe a research project.
From the questions he asks, the answers he is looking for are yes it is possible. The employer is his uncle too, while not knowing the finances or closeness of the company or his family I should think the uncle will do everything he can to assist. There are enough links given to arm you with the information that you need, with some added cynicism to send you on your way. Judging by the last few years of H1B takeups, an application in July or sometime after should mean that there are visas available.
My understanding of the H1B requirements is that if there's a job that requires your degree and the employer is willing to pay for it (it being the prevailing wage plus the visa costs) then you have a good shot. It's not as stringent as GC application. I'm not sure whether the visa spaces not being filled up has much of a bearing on your chances, but if you want to do it, have a go, it would be great experience if you can get the visa. Good luck!
From the questions he asks, the answers he is looking for are yes it is possible. The employer is his uncle too, while not knowing the finances or closeness of the company or his family I should think the uncle will do everything he can to assist. There are enough links given to arm you with the information that you need, with some added cynicism to send you on your way. Judging by the last few years of H1B takeups, an application in July or sometime after should mean that there are visas available.
My understanding of the H1B requirements is that if there's a job that requires your degree and the employer is willing to pay for it (it being the prevailing wage plus the visa costs) then you have a good shot. It's not as stringent as GC application. I'm not sure whether the visa spaces not being filled up has much of a bearing on your chances, but if you want to do it, have a go, it would be great experience if you can get the visa. Good luck!
I have worked with my uncle before and the masters course has project management courses which are very specific to the job I will hopefully be taking. I am not saying money is not an issue because that sounds ridiculous, however my uncle is willing to pay the appropriate fees to have me come and work with him.
Thank you everyone for all your responses. It is good to get a mix of different viewpoints.
#35
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Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: Do I have good grounds for an H1B visa application?
I was able to get an approved H-1B petition while partway through the fourth year of a similar combined bachelor's + master's degree. Not too tricky, just needed to use an educational evaluator to certify that what I already had was equivalent to a US bachelor's degree. (We used Morningside, they were ok)
#36
Re: Do I have good grounds for an H1B visa application?
You are exactly right with the research project and extra courses. I could have graduated with a Bachelors Degree (hons) this year had I chosen not to complete my masters. If i dropped out now I would still be awarded a Bachelors Degree. I technically dont have an award certificate just now.
I have worked with my uncle before and the masters course has project management courses which are very specific to the job I will hopefully be taking. I am not saying money is not an issue because that sounds ridiculous, however my uncle is willing to pay the appropriate fees to have me come and work with him.
Thank you everyone for all your responses. It is good to get a mix of different viewpoints.
I have worked with my uncle before and the masters course has project management courses which are very specific to the job I will hopefully be taking. I am not saying money is not an issue because that sounds ridiculous, however my uncle is willing to pay the appropriate fees to have me come and work with him.
Thank you everyone for all your responses. It is good to get a mix of different viewpoints.
#38
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Do I have good grounds for an H1B visa application?
I am not going to pretend to know the technicalities of the H1b but I am working here in the USA on an H1b for a year now.
From memory, my employer had to advertise the job in the US, or at least post a notice in the registererd office to show the job is available for USC's to apply for, and the report for the petition had to go into a lot of detail about my particular skills that made me unique - that I wrote some financial analysis models that only I know how to do etc. They do check up on your degree to make sure it is relevant and an independent office writes a report for your petition to cover that.
I also had to demonstrate experience in the field I work in - for me 7 years in industry. Not sure how a new graduate would get on in this case.
At every POE I get quizzed especially about my degree and what specifically it gives me to do my job in the US. They seem to be tightening up on all this as H1b has been abused a lot and they are determined to catch fraudsters.
From memory, my employer had to advertise the job in the US, or at least post a notice in the registererd office to show the job is available for USC's to apply for, and the report for the petition had to go into a lot of detail about my particular skills that made me unique - that I wrote some financial analysis models that only I know how to do etc. They do check up on your degree to make sure it is relevant and an independent office writes a report for your petition to cover that.
I also had to demonstrate experience in the field I work in - for me 7 years in industry. Not sure how a new graduate would get on in this case.
At every POE I get quizzed especially about my degree and what specifically it gives me to do my job in the US. They seem to be tightening up on all this as H1b has been abused a lot and they are determined to catch fraudsters.
#41
Account Closed
Joined: Mar 2004
Posts: 2
Re: Do I have good grounds for an H1B visa application?
I read it that he worked in the UK for his Uncle who was in the US.
#42
Re: Do I have good grounds for an H1B visa application?
In his opening post the OP states that his uncle has lived in the US for 20 years. Therefore I read it as the OP worked in the UK during his holidays for his uncle who is living and runs a business in the US.
#43
Re: Do I have good grounds for an H1B visa application?
I forgot to say the USCIS do not have a fondness for Nepotism
#44
Just Joined
Joined: Nov 2009
Posts: 8
Re: Do I have good grounds for an H1B visa application?
Ah ok thanks Sally. as I said I'm no expert - I just remember something about a notice having to be posted in a public place at the US offices I would be going to work at...
#45
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Joined: Oct 2010
Posts: 8
Re: Do I have good grounds for an H1B visa application?
Am I better just not mentioning this on my application?