lucelib

Hi everyone,

Been reading here for a while and was just waiting to get my visa approved before I started posting...unfortunately I've had a bit of a problem with that.

I'm moving to California from the UK in June. Unfortunately, my lawyers filed the H1B petition a day too late (seriously, can you believe it?) and the cap is full. They're suggesting that I wait until February time and then re-apply for the H1B. Unfortunately, this means I won't be able to relocate until October. For various reasons, I really, really need to be there in June. Also, there's still no guarantee I'll get a visa and I don't want to have to wait a few months to find out.

So here's my question. Is there a way round this? I've looked at other visas but they're generally for shorter time periods. Is it possible to get another one and then "convert" it into an H1B. Any advice appreciated!

bobbedford

I am going through L1b at the moment.

That would be the obvious option provided you meet the criteria. Although it is proving to be a total nightmare at the moment responding to an RFE.

I would have thought even building in time for an RFE that would work. If you went for premium processing you'd hear back within 15 days - either with a yes or RFE.

Clearly - there is always the risk that you don't get it.

I would not plan much until you have that visa in your hand...

lucelib

Unfortunately, an L1 is no good for me, as I don't currently work for the employer.

I'm currently studying - graduating in May with an MA. I wonder if it would be possible to work for them for 3 months on a J1 whilst I'm waiting for the H1B. I' worked for them last summer on a J1, but was returning to study in the UK afterwards. Is it possible to get a J1 if you're not returning to study in your home country, does anyone know?

Good luck with yours, bobbedford!

ian-mstm

No, you probably aren't.


I think you mean the company's lawyers. They aren't your lawyers... they work for the company and represent the company's interests.


You, personally, can't do anything. The US employer must start the process on your behalf. If your prospective employer doesn't know this, then I question whether or not you really want to work for them. They will be putting out a substantial amount of $$ to sponsor you. The new H-1B year doesn't start until April 1, 2012. That is the first day on which they can apply... and not until that day.


Correct.


It won't be on any sort of employment-based visa... and you won't be allowed to work if you use either the VWP or a B-2 visitor's visa. You're not likely to get a B-2 visa if you're eligible to use the VWP.


Sorry... but that's how the system works.


Assuming your sponsor applies for the H-1B on April 1... yes, you can be in the US on a J-1 while the H-1B is processed.


It is possible to get a J-1 without the 2-year HRR, yes. You won't know whether or not that requirement exists until you actually get the visa. If you do have the 2-year HRR, then you need to either fulfill that requirement or get a waiver of that requirement before you can get any other visa.

Ian

caleyjag

Since you are just getting your MA, I would venture that your chances of getting an O-1 are zero.

With that in mind, I think you should contact BUNAC with an idea to getting a year's J-1 for degree-related work experience. You should try to ensure it has the HRR exemption on it. This may require modifying the formal description of your intended position.

I would engage BUNAC as soon as possible as they only have a small pot of visas.

What type of work is it?

lucelib

That's great, thank you.

It's biotech. I think it may be classed as a 'specialist' industry, hence why I was originally going for the H1B.

I'll speak to the employers about the possibility of working with BUNAC.

caleyjag

According to this, you can use the regular BUNAC student summer program - it's open to final year students.

http://www.bunac.org/uk/workamerica/eligibility.aspx

That would take you up to October, and then you can pop up to Canada or back to the UK to get your H1b.

I was sure they had a 1 year program for recent graduates but I don't see any sign of it on their page.

I think the explicit plan with the BUNAC programs is that the US expects you to return to the UK afterwards, so you'll need to investigate this further, and what implations (if any) it could have on your H1b process.

I know that I got the exemption from the 2yr HRR on my last J1 stanp by default, but I think it might be dependent on the terms of BUNAC's arrangement. Again, you will need to clarify this with them.

http://www.seedwiki.com/?wiki=surviv...residency_rule

To my knowledge, the UK is not on the 'skills list', so I think you might be free and clear.

However you really need to check this up with a qualified professional. It will be worth the cost.

lucelib

Thank you so much - that's incredibly useful.

I'll talk to my employers and the lawyers about it. Fingers crossed that could be my way around it!

I was on a J1 with the same employer this summer and the HRR thing wasn't an issue, so hopefully it won't be again.

caleyjag

Ooooh. Which biotech company?

I work for one too!

lucelib

Ha, judging by your location, I'd imagine it's the same one! The one beginning with 'A'...?

Bob

Any chance of working for them in a location out of the US until next October?

Or till you've got a year under their employment and then go L1 route?

And has the extra H1B's reserved for those who have a masters from a Uni also been filled? If that hasn't, they could apply for that. Other wise, probably SOL, they'd have to wait till next April to file the H1B and then you'd start in Oct. Would they be willing to wait that long?

lucelib

I may be wrong, but it looks like the extra quota for masters students is only for those with US masters. I am currently studying in the UK.

There is the chance that I may be able to work from a UK office and then get an L1. However, I think I would rather start in America in October than start in the UK in June and wait another year before I can move out.

The company are currently looking into the possibility of doing a J1 then H1B, as caleyjag suggested, and hope to give me an answer early next week!

caleyjag

Ok, it looks like the OP and me work for the same company, which means we have the same lawyers.

Our company was flexible with me before, so I will work with the OP offline to try and get this figured out.

I'll post the outcome back here for future reference!