zamochit

I wonder if someone can help. I have scrolled through the last 104 pages of posts and not found exactly what I am after.

I have an H1B visa that I obtained by demostrating >12 years progressive experience as I do not have a degree. I am an electrical engineer with 15 years experience and recently received my state Professional Engineer's licence. The firm I work for (4 years in the UK and 2 years in the US) will sponsor my application.

What worries me is that I cannot find a definitive answer as to whether or not I can apply under the EB3 category. The USCIS says that a "Proffesional" cannot use experience in lieu of a bachelor's degree even though I am licensed. I am not sure whether I would be able to file as a "Skilled Worker" as this doesn't really cover what I do. If my position was advertized, then someone with a PE license would be more valued than a bachelor in engineering.

I know there are a few people on here that have successfully applied for a H1B visa without a degree and I wonder if they have managed to obtain a green card too.

Many thanks in advance!

Nick

Brat1

Hi Nick, welcome to BE

My husband is currently on an H1-B, has not got a degree, but went down the route of 12 years in lieu of..... We have an approved I-140 and have been waiting patiently in the queue, category EB3, for nearly 6 years, so in answer to your question, I would assume that you could apply and be successful. We obviously haven't been able to move forward until a visa number becomes available, so I can't tell you much more than what I know at this present time. Good luck, I hope that it all works out for you.

leadinglight

If you are currently in receipt of an H1B visa, I am assuming it will be for around 3 years? Just get your company to renew the H1B for another 3 years when your current one is due to expire.

Once you get into your 5th year of having the H1B you can apply for Citizenship and it doesn't matter whether you hold a degree or not and certainly seems faster than the EB3 route.

Noorah101

I don't believe this is true. Only a US PR can apply for citizenship at some point (if based on marriage to a USC, after 3 years of being a PR...otherwise, after 5 years of being a PR).

Someone who is in the USA on an H1B visa is not a US Permanent Resident. If they are in the USA only in H1B status for 5 years, they cannot apply directly for US Citizenship....they need to first become a US PR.

Rene

leadinglight

Agreed, I should have said apply for a Green Card. I must be replying to too many posts at once!

Noorah101

Well, yes...it's up to the employer whether to sponsor the H1B holder's green card or not, though. The H1B holder can't just do it on his own.

Rene

leadinglight

I did state that the Company should do it but apologise if I sound flippant about it. The Company must do this but only you know whether you are in good standing with the Employer and whether they would want to retain you for a further 3 years.

But from what I remember, you said the employer WILL sponsor you for EB3 so therefore I'm sure they would consider H1B extensions also.

Good luck

zerlesen

Rene already covered the "citizenship" bit. But you don't have to have spent any particular length of time in the country to be sponsored for residency. The 5-year thing seems to be an unusually persistent myth.

"EB3" means third preference category for employment-based residency applications, ie it's part of the green card process to which you are referring.

The danger with renewed H-1Bs, for jobs that are not leading to LPR status, is the six-year limit.

leadinglight

I understand that EB visas are Employment Based Green Cards based on preference catagories but I was, wrongly it seems, under the impression that you can apply for a GC from H1B after 5 years.

zerlesen

It's better/worse than that. An employer can file an I-140 for you on day 1 (or rather, day whenever-the-labor-certification-is-approved-if-necessary), or even before you're in the US at all (then you wouldn't be adjusting status, of course, you'd apply for an immigrant visa). On the other hand, they're under no obligation to do so - in fact, if the position is not going to last for the foreseeable future then they cannot. Outside the EB1 and EB2-NIW categories the individual can't do anything on their own behalf (except look for a different job), regardless of how long they may have been in-country.

I think the five-year H-1B canard (which comes up here semi-regularly; it's not just you) is based on the five-year requirement for residents to become citizens, coupled with misunderstanding of the easily misunderstandable term "resident."

zamochit

Thank you all for the responses. I am encouraged that Brat1's husband has managed to obtain an approved I140 without a degree. May I ask what his line of work is?

My employers are eager to retain me as I head up a department and they will sponsor the GC. After speaking with the company's immigration lawyers today I realize approval will be very much dependant on how they advertise my position and the responding applicants' qualificantions. Fortunately in my line of work, international experience and state licensure as a PE are more highly sought than a degree. Hopefully no fellow expats apply too!

lisa67

When my OH was going through this process and his job was advertised his company had 198 applicants for his position
Scared the living daylights out of me, but they narrowed it down to there only being 2 that could possibly get close to what he does.....one decided to not continue with his application and the other one, it appeared had lied on his form and couldn't do or didn't have the qualifications he proffessed to have. It was a bit worrying at the time though...hang on in there!

zamochit

Wow that must have caused a few sleepless nights! Thanks for the motivation. No harm in just trying and see how it works out.

Paul S

Blimey, when they did mine all we had were 2 applicants
No degree here, did H1B based on 13/14 years experience in niche industry
2 'renewals' and 6 and bit years later I got my greencard (April this year)

london66

Hi there

Get the company to start the process ASAP as you will need to go through labour certification (now called PERM) first if it's going to be in the EB3 category, current priority date for this is Nov06 I think- this is the date your labour certification is filed. From what I remember you can file both your I140 and I485(adjustment of status) at the same time and your I140 can be approved at any time but your I485 can only be approved when your priority date is current.

Another reason to get this done asap is that you are on a H1-B visa which can be renewed for another 3 years giving you 6 years in total after which you would have to leave the country for a year before being considered for another H1-B. The whole green card process can take longer than 6 years, mine took 8 1/2 in total thanks to the state department and USCIS.

Also there is some good news - kind of if you like visiting the American Embassy to get your visa stamp in your passport - once you start the process and if it is taking a long time, you can apply for an extension to your H1-B, it is done yearly after the 6 years are up if your I140 has not been approved, if it has your H1-B can be extended for three years again. I ended up going to the American Embassy in London 6 times to get my visa stamps.

Hope this is of help and good luck

Brendan