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Old Jan 23rd 2007, 1:18 pm
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Default Help! Visa Query

Here's a question for those more experienced in these matters. I am in the U.S. staying with friends and taking time off work after a car accident last year in England. I recently met with some executives from a large Financial Institution here who were very keen to get an interview process started, however our mutual plans were scuppered by an in-house attorney who said the visa situation wouldn't work for my hire. I sell investment products and upon consulting an external immigration lawyer, he said this meant I was classed a "salesman" and not applicable for a H1-B visa. I am very keen to work for this firm as it is a great opportunity for me. Can anyone here help or give me some guidance.
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Old Jan 23rd 2007, 1:24 pm
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Default Re: Help! Visa Query

Originally Posted by johncolin78
Here's a question for those more experienced in these matters. I am in the U.S. staying with friends and taking time off work after a car accident last year in England. I recently met with some executives from a large Financial Institution here who were very keen to get an interview process started, however our mutual plans were scuppered by an in-house attorney who said the visa situation wouldn't work for my hire. I sell investment products and upon consulting an external immigration lawyer, he said this meant I was classed a "salesman" and not applicable for a H1-B visa. I am very keen to work for this firm as it is a great opportunity for me. Can anyone here help or give me some guidance.
First off, you should ask this kind of query in the US Immigration forum - this forum is for general chit-chat.

In the meantime, read this:

http://britishexpats.com/articles/us...rk-in-the-usa/

and have a look here:

www.uscis.gov

Having said that - and mind IANAL - I suspect your chances are pretty small.

Good luck anyway
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Old Jan 23rd 2007, 1:46 pm
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Default Re: Help! Visa Query

Shouldn't you have asked the company immigration lawyer?

And if the job doesn't require a degree, then you won't get much chance of an H1, even if the quota wasn't an issue.

How are you staying here now anyway? You don't want to over stay your VWP, that'll open you up for a whole potential list of hassle and pain.
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Old Jan 23rd 2007, 1:51 pm
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Default Re: Help! Visa Query

Am on 6 month Tourist Visa till July 10th 2007. Company attorney said no joy. The firm wouldn't consider an applicant without a degree for this position.
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Old Jan 23rd 2007, 2:03 pm
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Default Re: Help! Visa Query

Originally Posted by johncolin78
Am on 6 month Tourist Visa till July 10th 2007. Company attorney said no joy. The firm wouldn't consider an applicant without a degree for this position.
well if you don't have a degree, but one is required for the position, for each year missing of study, 3 years of experience could make up for it, so 12 years experience in the field if you don't have a degree.

You'd have to head back to the UK anyway because even if they were able to apply for the H1 in April, you wouldn't get the visa till Oct.
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Old Jan 23rd 2007, 3:18 pm
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Default Re: Help! Visa Query

Originally Posted by Bob
well if you don't have a degree, but one is required for the position, for each year missing of study, 3 years of experience could make up for it, so 12 years experience in the field if you don't have a degree.

You'd have to head back to the UK anyway because even if they were able to apply for the H1 in April, you wouldn't get the visa till Oct.
I have a degree, an associates and a bachelors in separate dsciplines, however the attorneys are saying that the job title doesnt require one. i.e it is basically sales. I am stumped.
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Old Jan 23rd 2007, 3:20 pm
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Default Re: Help! Visa Query

Originally Posted by johncolin78
I have a degree, an associates and a bachelors in separate dsciplines, however the attorneys are saying that the job title doesnt require one. i.e it is basically sales. I am stumped.
Check the USCIS definition for jobs/work that qualify for an H-1B. Sales type jobs do not fit the criteria.


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Old Jan 23rd 2007, 3:22 pm
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Default Re: Help! Visa Query

Originally Posted by johncolin78
I have a degree, an associates and a bachelors in separate dsciplines, however the attorneys are saying that the job title doesnt require one. i.e it is basically sales. I am stumped.
The degree would have to be for the field anyway...and if it's sales, it's pretty much not going to happen unless you can show that specialist skills are needed for it because it's a niche skill...best bet would be to see if they have an operation in the UK and work there for a year, and then get them to apply for a company transfer with the L1.
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Old Jan 25th 2007, 5:04 am
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Default Re: Help! Visa Query

Originally Posted by johncolin78
I have a degree, an associates and a bachelors in separate dsciplines, however the attorneys are saying that the job title doesnt require one. i.e it is basically sales. I am stumped.
get a job with them in the Uk for a period of time if possible and transfer over

i'm in sales and it worked for me (more luck than judgement)
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Old Jan 25th 2007, 5:07 am
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Default Re: Help! Visa Query

Originally Posted by BritGuyTN
get a job with them in the Uk for a period of time if possible and transfer over

i'm in sales and it worked for me (more luck than judgement)
Sounds possible, how long do you think I would have to work in England for. What kind of sales do you do?
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Old Jan 25th 2007, 5:13 am
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Default Re: Help! Visa Query

Originally Posted by johncolin78
Sounds possible, how long do you think I would have to work in England for. What kind of sales do you do?
you'd have to work for them for at least a year.
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