ktpafc

Hi there,

I have been offered a contract for a US based company. I have worked previously in the States on a H2b visa but there is potential for a H1b visa this time around. That doesn't start until last 2014 though. Is it possible to apply for a H2b visa starting early 2014 and then transfer to a H1b (pending acceptance) later in 2014? Or will this be flagged up when I apply for a H2b as I will already have a H1b in process?

Any help will be greatly appreciated.

Thanks

Noorah101

The sponsoring company can't submit the H1B petition until April 1, 2014. So if you're thinking of applying for the H2B visa before April, nothing will be in the system.

Is the company willing to sponsor you for an H2B visa, and then have you do a change of status next year?

Rene

ktpafc

Hi Rene,

Many thanks for getting back to me. That's great that nothing will be on the system. The H1B is by no means a guarantee, that's why we are looking at a H2B initially.

Yes, the company is willing to sponsor me for a H2B visa as well.

michael_uk

Hi guys,

Question - I am a software engineer, and a company in US wants me to go there to work in the short term but we dont know how to do it. Is it possible to ask for a H2B visa now to do this kind of work?

How quick can I obtain it?

THanks!

Bob

They ask a lawyer....and I wouldn't of thought a software engineer would be considered a seasonal worker.

mikelincs

You can't, the company has to get, and pay for, the visa.

michael_uk

Yep I know if has to be the company - I was referring more to the seasonal requirement, etc.

ian-mstm

I think the word "seasonal" is misleading. The company is allowed to demonstrate a "one-time" need, a "peak load" need, or an "intermittent" need... in addition to a "seasonal" need - any of which might work.

Ian

michael_uk

Thanks, then the H2B seems a possible solution for this.
If I am not wrong there is no restriction of what type of job are you gonna be doing, high qualified or not - but I am not sure.

The other option is the B1 in lieu of H1B visa, but I don't know if it is real or not!

scrubbedexpat099

Not your call, down to the Employer, more specifically their Lawyer to review the case and recommend which would be the best option.

They will have to show that they can not get anybody else in for a H2b.

michael_uk

Thanks, I´ve been having a look at
H-2B Temporary Non-Agricultural Workers | USCIS

and it does not say anything about what type of job can you do on a H2B so I assume that any should be fine as long as the employer shows that they don´t have people employed to do the job, and also they can claim an intermittent need instead of "seasonal". I will speak to them about it.

The idea would be to start with H2B and then a H1B afterwards... do you guys see any issue with it?