flip flop

hi

I would appreciate any advice you can offer.

I am in the States on a J1 visa at present (not subject to the 2 year rule). I would love to stay with the company I am interning at when my J1 status expires early next year. I want to approach the company with ideas how I could do this. I believe that if I can offer them something simple they will be happy to offer me employment. I would like to transfer to an H1b visa but I don not have a degree in the specific field in which I now work. Do you know if work experience will be enough?

My other option is that my partner is also here. He is on an L-1 visa. If desperate and I cannot get the H1B would marriage enable me to get an L-2 and could I work with this?

Please answer, I really want to stay as my partner has to stay here another 2 years at least and I am happy here.

Thank you

Andrew Wilson

If you do not have the two-year home residency requirement off of your J-1, you can switch to H-1B status. You would probably want to do so earlier rather than later because you do not want to worry about the H-1B cap. The earliest you could file is April 1, 2005 (unless you have a US Masters degree) and the earliest start date you could ask for is October 1, 2005 (unless you have a US Masters degree)

It is a case by case basis to analyze a person's degree and whether that is a close enough fit for the H-1B position. Certainly experience in that area helps as well, and depending on the degree and position, there is wiggle room to make the connection.

If you would like the L-2, you would need to be married to an L-1. And yes, an L-2 is allowed to apply for employment authorization, so you could work through that route as well.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

flip flop

Thanks for the advice. Is the H1B something I can apply for independently or do I need sponsorship from my comapny? Do you know the costs involved. I am concerned about the degree element however. My degree is in English Literature and History and I now work in interior design. I have taken courses in interior design since but not to degree level. I have worked in the field for 4 years both in England and the US (as an intern). I am worried because in the US it is fairly standard to have a degree in design to work in the field. Do you know if support from my company saying that they really want me can sway the balance?

Thanks again. Sorry for all the questions.

Andrew Wilson

You do need a US company to sponsor you for an H-1B. The new government filing fees for an H-1B are now anyweher from $1,400 to $2,200 depending on the size of the employer. Thta is a huge increase from simply $185 not long ago. An attorney's fees would be in addition to the immigration filing fees.

The degree issue is something that would need to be addressed. In the Occupational Outlook Handbook, they simply list a Bachelor's degree as a requirement. They also mention that membership in a professional association is an indication of an interior designer's qualifications and professional standing. Therefore, memberships,licenses, work experience and extra courses can help prove your case.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

flip flop

Thank you. Can you advise me of the kind of legal fees I would be looking at? Are you aware of the chances of success in such an application? Would you advise me to proceed given that I am not memeber of a professional association (for this you need the degree!)

I still have the option of marriage to my boyfriend (L1), but I would rather not marry for such a reason, although we will most likely marry at some point in the future in any case.

Thank you

Andrew Wilson

Check out the private message I sent you for more information.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law