Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Do I have good grounds for an H1B visa application?

Wikiposts

Do I have good grounds for an H1B visa application?

Thread Tools
 
Old Oct 9th 2010, 2:28 am
  #31  
Just Joined
 
Joined: Nov 2009
Posts: 8
JetRanger is an unknown quantity at this point
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by Duncan Roberts
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.
I think this is also key - does your uncle understand he is going to have to pay you at least, if not more than the prevailing wage - a lot of people don't realise that the wage is totally relevant to the application. Making yourself unique to the market can hike your wage and the DoL are gonna make sure your uncle's company pay you accordingly - does he understand that?

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.
JetRanger is offline  
Old Oct 9th 2010, 3:35 am
  #32  
Forum Regular
 
Joined: Aug 2010
Posts: 73
chrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to allchrisbeale is a name known to all
Default 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!
chrisbeale is offline  
Old Oct 9th 2010, 3:48 am
  #33  
BE Forum Addict
 
Joined: May 2007
Location: London
Posts: 1,248
Marocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by chrisbeale
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.
I don't think any of my uncles would have spent the equivalent of $5000-$10000 to help me get a job.
Marocco is offline  
Old Oct 9th 2010, 4:29 am
  #34  
Just Joined
Thread Starter
 
Joined: Oct 2010
Posts: 8
u01jsw6 is an unknown quantity at this point
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by chrisbeale
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!
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.
u01jsw6 is offline  
Old Oct 9th 2010, 6:56 am
  #35  
BE Enthusiast
 
Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
henryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond repute
Default 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)
henryh is offline  
Old Oct 9th 2010, 7:39 am
  #36  
SUPER MODERATOR
 
Jerseygirl's Avatar
 
Joined: Dec 2005
Posts: 88,105
Jerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by u01jsw6
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.
You have worked with your uncle before?
Jerseygirl is offline  
Old Oct 9th 2010, 7:49 am
  #37  
Just Joined
Thread Starter
 
Joined: Oct 2010
Posts: 8
u01jsw6 is an unknown quantity at this point
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by Jerseygirl
You have worked with your uncle before?
Yes. I have done work For him in the holidays based in the UK
u01jsw6 is offline  
Old Oct 9th 2010, 7:56 am
  #38  
Lost in BE Cyberspace
 
Joined: Jan 2008
Posts: 41,518
Sally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond reputeSally Redux has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by JetRanger
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.
The job has to be posted, but I understand that is just to show the wage rules are being adhered to.
Sally Redux is offline  
Old Oct 9th 2010, 7:59 am
  #39  
SUPER MODERATOR
 
Jerseygirl's Avatar
 
Joined: Dec 2005
Posts: 88,105
Jerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by u01jsw6
Yes. I have done work For him in the holidays based in the UK
Thanks for clearing that up.
Jerseygirl is offline  
Old Oct 9th 2010, 8:08 am
  #40  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by Jerseygirl
Thanks for clearing that up.
How is that clear? The uncle was in the UK working? Or, the uncle paid him 'in' the UK for work performed in the US?
meauxna is offline  
Old Oct 9th 2010, 8:15 am
  #41  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default 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.
scrubbedexpat099 is offline  
Old Oct 9th 2010, 8:23 am
  #42  
SUPER MODERATOR
 
Jerseygirl's Avatar
 
Joined: Dec 2005
Posts: 88,105
Jerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond reputeJerseygirl has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by meauxna
How is that clear? The uncle was in the UK working? Or, the uncle paid him 'in' the UK for work performed in the US?
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.
Jerseygirl is offline  
Old Oct 9th 2010, 8:44 am
  #43  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: Do I have good grounds for an H1B visa application?

I forgot to say the USCIS do not have a fondness for Nepotism
Ray is offline  
Old Oct 9th 2010, 12:20 pm
  #44  
Just Joined
 
Joined: Nov 2009
Posts: 8
JetRanger is an unknown quantity at this point
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by Sally Redux
The job has to be posted, but I understand that is just to show the wage rules are being adhered to.
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...
JetRanger is offline  
Old Oct 10th 2010, 1:31 am
  #45  
Just Joined
Thread Starter
 
Joined: Oct 2010
Posts: 8
u01jsw6 is an unknown quantity at this point
Default Re: Do I have good grounds for an H1B visa application?

Originally Posted by Jerseygirl
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.
Yes this is Correct. I did work in the UK for him while he was in the US.

Am I better just not mentioning this on my application?
u01jsw6 is offline  


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.