gryff31

HI,

Hoping someone could advise us on the following,

we are currently here in USA on L1B Visa, My husband has no degree, but is engineer and class as specialty worker. we were hoping to apply for green cards but things not that easy.

Spoke with attorney today and they plan the following, but its seems confusing and not time possible? what do you think

L1B visa petition expires July 2014, EB3 status I think hence the long wait for Green card
Extend for 2 years.
Near L1B extension expiry apply for H1B..... (they said he will need a degree, not sure how its possible to complete a BSC in under 3 years and work full time???) Does he need a degree?
Then H1B to GC.

How long can we get a H1B for??

This sound very uncertain and alot of hoop jumping.

Michael

How many years experience does he have in the his field of work?

gryff31

12 years experience.

Michael

I don't know the answer to the rest of your questions but this is the general assumption.

Professional Experience In Lieu Of Bachelor's Degree:

H-1B applicants exhibiting 12 years of relevant work experience to be equivalent of a 4 year college degree may be exempt from the normal requirement of needing a 4 year college degree. Therefore, a a bachelor's degree may not be necessary if work history is sufficient. A qualified Pennsylvania Immigration Lawyer can help make such a determination with the help of an accredited evaluator.

http://www.hvimmigrationlaw.com/Prac...a-Concerns.asp

You realize that once your husband gets the H-1B visa, you will be on a H4 visa and not allowed to work until your green card is approved.

Bob

that's all he needs if he doesn't have a degree.

Will need to show progressive career growth over that period, increased knowledge, management of people/resources, salary rises, titles etc from previous employers.

Edit: I don't know if time on the L1 will be included in max H1B length though without having a year out of the country. Something to figure out, possibly from your own lawyer looking out for your own interests rather than that of the companies, as they are their lawyers clients and not you.

gryff31

That sucks that I cant work on H4.

My husband has always worked for same company and same role, but has been working in different countries (UK, USA, Germany)and is specialized in his own area. So when you say progressive career growth will this count? he is not a manager of people, just projects and has not had a title change.

Michael

The Employment Based Third Preference (EB3) priority date is currently July 1, 2007 which means there is currently about a 5 1/2 years for the priority date to become current. Therefore if you want green cards in a reasonable period of time, your employer should start the process now.

See the priority date in the "Employer Based" table.

http://travel.state.gov/visa/bulleti...etin_5900.html

Michael

Progressive has several meanings. One could be that he has accumulated experience on more recent products or acquired more experience. The immigration lawyers should be able to determine if his job is progressive.

Michael

Are you eligible for a H-1B visa on your own merits? If so, then you could look for such a job and either company could petition for the entire family.