Barman

Hey Guys,

I am currently on a J-1 visa which expires in mid November. I obtained a job offer from a company which is willing to sponsor me for a H-1B. Do i have enough time in the next month to process a visa before Oct 1st?

The definition for a specialty occupation seems vague to me. I have a bachelors degree in commerce and my job role is General Manager for a high volume bar and restaurant. I have been training for this role for 12 months on my current J1 and the business owners could not find an American they believe suitable for my position.

Really appreciate any feed back you guys could give me on this before I decided to pay for a immigration lawyer.

Thanks

ian-mstm

Not sure whether you can get a visa processed by October 1... but that's the earliest date you can start work on the H-1B - it's not the deadline to start working. You can start work anytime after October 1, but you can't start working before October 1.

Ian

Barman

Appreciate the speedy response Ian!

Just so im clear. If i don't get the visa processed before oct 1st do i have to wait another 6 months until i can process a visa and obtain employment?

SarahG

As far as I am aware no. If the quota has not been filled then you can have a H1B application filed at any time.

md95065

The bigger issue is probably whether the job actually qualifies for an H1-B and whether your prospective employer understands what they need to do in order to obtain and H1-B visa for you (since it is they, not you, who have to apply for it). If they don't already have an immigration attorney on retainer they need to find one quick ...

Bob

That and there's a gap in potential legal presence from mid Nov when J1 expires and potential start of work on H1B, if you're eligible to get one.

And running a bar? That'll be a bit of a stretch of a H1 I'd have thought, but good luck to you!

scrubbedexpat099

You do not do anything, apart from turn up at the interview.

I could see that a major operator may require their managers to have a degree and structure the job accordingly.

Bob

but a specialist occupation? That's a good sell.

Barman

That is my major worry. How is specialist operation defined? This is a bar chain which require a bachelors degree or higher to obtain employment. If the sponsor company can prove they could not find an American to fill my position dose this make it a specialist operation?

md95065

Have you read this?

The item
appears to match your situation.

Bob

But everything requires a degree these days, that alone doesn't mean much, because equally, someone without a degree could still perform the job, just not with this particular company :/

One for the company lawyer to figure out, one experienced in H1B sponsorships...