New question to Ingo, H1-B stuff
Mar 11th 2003, 6:45 am
#1
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
New question to Ingo, H1-B stuff
This is to anyone who can help actually, as usual!
Ok I have been offered a position from a US employer. The position is VERY specialised, like so specialised only a few people in the world could do it.
My potential employer is filing a petition for an H1-B for me, although I have suggested to them that it might not be the best visa as I do not have a degree. I do have around 16 or so years in the field that they want me to work in - although a lot of it is voluntary work.
My potential employer says they have spoken to the INS and they have said this is the best visa to go for, although as far as I can tell from people on here, its not going to work out. Does anyone have any opinions on this?
Also, my potential employer filed an ETA 9035E (ETA
certification) which has been done and approved - this part of the process was VERY quick, like it took only a month or so I think. I thought this part in itself could take many months. I am hoping that the INS could see that the position is so specialised that there was no point in arguing about not being able to find a US worker to fill the role. Does any of this seem right? My potential employer is based in NJ.
I spoke to the employer last night and they told me they are about to send off Form I-129. They didnt know about anything to do with having to provide evidence of experience, etc. Should that of been included in this form? Or is there many other forms to come?
The company is a Not-For-Profit one, if that makes a difference.
Any help, as usual, is VERY much appreciated.
Thanks again.
Ok I have been offered a position from a US employer. The position is VERY specialised, like so specialised only a few people in the world could do it.
My potential employer is filing a petition for an H1-B for me, although I have suggested to them that it might not be the best visa as I do not have a degree. I do have around 16 or so years in the field that they want me to work in - although a lot of it is voluntary work.
My potential employer says they have spoken to the INS and they have said this is the best visa to go for, although as far as I can tell from people on here, its not going to work out. Does anyone have any opinions on this?
Also, my potential employer filed an ETA 9035E (ETA
certification) which has been done and approved - this part of the process was VERY quick, like it took only a month or so I think. I thought this part in itself could take many months. I am hoping that the INS could see that the position is so specialised that there was no point in arguing about not being able to find a US worker to fill the role. Does any of this seem right? My potential employer is based in NJ.
I spoke to the employer last night and they told me they are about to send off Form I-129. They didnt know about anything to do with having to provide evidence of experience, etc. Should that of been included in this form? Or is there many other forms to come?
The company is a Not-For-Profit one, if that makes a difference.
Any help, as usual, is VERY much appreciated.
Thanks again.
Mar 11th 2003, 5:27 pm
#2
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
On Tue, 11 Mar 2003 19:45:34 +0000, ukbritguyusa wrote:
>
> This is to anyone who can help actually, as usual!
>
> Ok I have been offered a position from a US employer. The position is
> VERY specialised, like so specialised only a few people in the world
> could do it.
>
> My potential employer is filing a petition for an H1-B for me, although
> I have suggested to them that it might not be the best visa as I do not
> have a degree. I do have around 16 or so years in the field that they
> want me to work in - although a lot of it is voluntary work.
>
> My potential employer says they have spoken to the INS and they have
> said this is the best visa to go for, although as far as I can tell
> from people on here, its not going to work out. Does anyone have any
> opinions on this?
They should have talked to a lawyer rather than to INS/BCIS. There is a
50% chance of bad advice from BCIS!
The lawyer would have told them that 16 years of experience is usually
sufficient, and would also guide them on how to prove that.
> Also, my potential employer filed an ETA 9035E (ETA
> certification) which has been done and approved - this part of the
> process was VERY quick, like it took only a month or so I think. I
> thought this part in itself could take many months.
They REALLY need to hire a lawyer! The ETA 9035 is the old outdated
procedure. A month? Wow! The new procedure takes MINUTES; it is all
electronic.
Also, this step of the process is not a certification but an attestation,
the Labor Condition Attestation, abbreviated LCA. It is easy to confuse
that with the Labor Certification, which sounds similar but is something
completely different. A Labor Certification really can take many months -
and often three or four years.
> I am hoping that the INS could see that the position is so specialised that there was no
> point in arguing about not being able to find a US worker to fill the
> role. Does any of this seem right? My potential employer is based in NJ.
This line of reasoning usually doesn't work with BCIS. They are reasoning
"if there really is no point in even trying to find a US worker, then it
should be easy to prove by recruiting for that position anyway".
> I spoke to the employer last night and they told me they are about to
> send off Form I-129. They didnt know about anything to do with having to
> provide evidence of experience, etc. Should that of been included in
> this form? Or is there many other forms to come?
Hold off on sending it off until your employer has it checked by a lawyer.
The I-129 is quite expensive, and hiring a lawyer can be cheaper than
having the I-129 denied and having to refile it!
Also, your I-129 may take either three weeks or six months depending on
how it is filed (and how much fee is paid for it).
> The company is a Not-For-Profit one, if that makes a difference.
It may make a difference. The not-for-profit may be exempt from certain
fees, but in the past INS has made it very difficult to actually get it
waived.
>
> This is to anyone who can help actually, as usual!
>
> Ok I have been offered a position from a US employer. The position is
> VERY specialised, like so specialised only a few people in the world
> could do it.
>
> My potential employer is filing a petition for an H1-B for me, although
> I have suggested to them that it might not be the best visa as I do not
> have a degree. I do have around 16 or so years in the field that they
> want me to work in - although a lot of it is voluntary work.
>
> My potential employer says they have spoken to the INS and they have
> said this is the best visa to go for, although as far as I can tell
> from people on here, its not going to work out. Does anyone have any
> opinions on this?
They should have talked to a lawyer rather than to INS/BCIS. There is a
50% chance of bad advice from BCIS!
The lawyer would have told them that 16 years of experience is usually
sufficient, and would also guide them on how to prove that.
> Also, my potential employer filed an ETA 9035E (ETA
> certification) which has been done and approved - this part of the
> process was VERY quick, like it took only a month or so I think. I
> thought this part in itself could take many months.
They REALLY need to hire a lawyer! The ETA 9035 is the old outdated
procedure. A month? Wow! The new procedure takes MINUTES; it is all
electronic.
Also, this step of the process is not a certification but an attestation,
the Labor Condition Attestation, abbreviated LCA. It is easy to confuse
that with the Labor Certification, which sounds similar but is something
completely different. A Labor Certification really can take many months -
and often three or four years.
> I am hoping that the INS could see that the position is so specialised that there was no
> point in arguing about not being able to find a US worker to fill the
> role. Does any of this seem right? My potential employer is based in NJ.
This line of reasoning usually doesn't work with BCIS. They are reasoning
"if there really is no point in even trying to find a US worker, then it
should be easy to prove by recruiting for that position anyway".
> I spoke to the employer last night and they told me they are about to
> send off Form I-129. They didnt know about anything to do with having to
> provide evidence of experience, etc. Should that of been included in
> this form? Or is there many other forms to come?
Hold off on sending it off until your employer has it checked by a lawyer.
The I-129 is quite expensive, and hiring a lawyer can be cheaper than
having the I-129 denied and having to refile it!
Also, your I-129 may take either three weeks or six months depending on
how it is filed (and how much fee is paid for it).
> The company is a Not-For-Profit one, if that makes a difference.
It may make a difference. The not-for-profit may be exempt from certain
fees, but in the past INS has made it very difficult to actually get it
waived.
Mar 12th 2003, 12:14 am
#3
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Ok Ingo, thanks for your help - I really do appreciate it.
Unfortunately, as I am in the UK and they are in the US, it is difficult sometimes to keep the lines of communication open with them. When I said it took about a month for the ETA 9035 to be processed, I think what I meant (in hindsight) was that I didn't hear anything from my potential employer for about a month. That doesn't necessarily mean that it took a month to process. Apparently, the INS told my potential employer that they needed to file this ETA 9035 - wouldn't they know that this is an outdated procedure and there is a newer quicker one? Why did they tell them this information??
I am sorry about being a bit stupid in all of this, I am trying to learn as I go along: Now the ETA 9035 has been filed and approved, does this now mean that the position has been certified and that the INS agrees that my potential employer hasn't been able to find a US worker so now gives permission to file whatever visa for a foreign worker? Is this what that means? Or does my potential employer still have to prove that they can't find a US worker?
Is the I-129 the final form? Or are there other forms to come? Because my potential employer is a Not-For-Profit company and aren't exactly rolling in money, they are a bit hesitant in using a lawyer. Do I need to persuade them that they need to at least get the I-129 checked over by one? Get a lawyer to hear the case/situation? What does the whole I-129 form consist of? Are the spaces in there to prove experience etc?
Also - I said in my original posting that a lot of my 16 years of experience is voluntary. Is this going to matter?
I am going to contact my potential employer now and try to get them to hold of on sending the form until I have read your next reply.
Thanks again. You are really helping me.
Unfortunately, as I am in the UK and they are in the US, it is difficult sometimes to keep the lines of communication open with them. When I said it took about a month for the ETA 9035 to be processed, I think what I meant (in hindsight) was that I didn't hear anything from my potential employer for about a month. That doesn't necessarily mean that it took a month to process. Apparently, the INS told my potential employer that they needed to file this ETA 9035 - wouldn't they know that this is an outdated procedure and there is a newer quicker one? Why did they tell them this information??
I am sorry about being a bit stupid in all of this, I am trying to learn as I go along: Now the ETA 9035 has been filed and approved, does this now mean that the position has been certified and that the INS agrees that my potential employer hasn't been able to find a US worker so now gives permission to file whatever visa for a foreign worker? Is this what that means? Or does my potential employer still have to prove that they can't find a US worker?
Is the I-129 the final form? Or are there other forms to come? Because my potential employer is a Not-For-Profit company and aren't exactly rolling in money, they are a bit hesitant in using a lawyer. Do I need to persuade them that they need to at least get the I-129 checked over by one? Get a lawyer to hear the case/situation? What does the whole I-129 form consist of? Are the spaces in there to prove experience etc?
Also - I said in my original posting that a lot of my 16 years of experience is voluntary. Is this going to matter?
I am going to contact my potential employer now and try to get them to hold of on sending the form until I have read your next reply.
Thanks again. You are really helping me.
Mar 12th 2003, 7:41 am
#4
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
On Wed, 12 Mar 2003 13:14:52 +0000, ukbritguyusa wrote:
>
> Ok Ingo, thanks for your help - I really do appreciate it.
>
> Unfortunately, as I am in the UK and they are in the US, it is difficult
> sometimes to keep the lines of communication open with them. When I said
> it took about a month for the ETA 9035 to be processed, I think what I
> meant (in hindsight) was that I didn't hear anything from my potential
> employer for about a month. That doesn't necessarily mean that it took a
> month to process. Apparently, the INS told my potential employer that
> they needed to file this ETA 9035 - wouldn't they know that this is an
> outdated procedure and there is a newer quicker one? Why did they tell
> them this information??
No, the ETA 9035 really would take that long. The new electronic procedure
is not called that.
Your experience is the perfect example for why you DON'T want to ask INS.
The people you talk to there are front-desk people with approximately the
qualification of a receptionist or so, but a far more stressful job. They
will neither know the ins and outs of immigration law, but only the basics
- if that - and have too much stress to spend any time taking your
interest into account.
In this example, what the INS officer told your employer was entirely
correct - but bad information nonetheless.
Also, in this example, INS is even less qualified to answer questions
because the LCA isn't even an INS procedure - it's a Department of Labor
procedure. How would a poor low-level INS who doesn't deal with that
particular area every single day understand that there are several
different procedures, and what it takes to qualify for either one? In my
experience, these are great people who try to help, but the help often
amounts to guesses, hearsay or "suggest the safest course of action".
> I am sorry about being a bit stupid in all of this, I am trying to learn
> as I go along:
No problem. We all started out that way! And it is good that you are
learning about the process, even if you eventually hire a lawyer - it will
allow you to double-check what the lawyer does. An educated customer is
always popular with lawyers, and you will get better results that way.
> Now the ETA 9035 has been filed and approved, does this
> now mean that the position has been certified and that the INS agrees
> that my potential employer hasn't been able to find a US worker so now
> gives permission to file whatever visa for a foreign worker? Is this
> what that means? Or does my potential employer still have to prove that
> they can't find a US worker?
An H-1B does not require this proof in the first place. The LCA is what
the name (and form) suggests: an attestation by the employer that the job
he offered you will have conditions that would be acceptable to US workers
(same salary, hours, benefits, no strike/lockout, etc.)
It is the only official prerequisite for an H-1B. The other major
prerequisite that most people need in practical terms is a credentials
evaluation. This is a statement from a credential evaluation company
(there are hundreds of them in the US) that your degree, or in your case
your experience, is equivalent to a US degree.
You'll also need minor things, such as birth certificates etc.
And of course a check for the fees.
> Is the I-129 the final form? Or are there other forms to come? Because
> my potential employer is a Not-For-Profit company and aren't exactly
> rolling in money, they are a bit hesitant in using a lawyer. Do I need
> to persuade them that they need to at least get the I-129 checked over
> by one? Get a lawyer to hear the case/situation? What does the whole
> I-129 form consist of? Are the spaces in there to prove experience etc?
The I-129 (together with supplement H) is indeed the final form. Well,
except for the visa application for that you use to get the visa stamp in
your passport from the consulate - but that's a mere formality.
I can understand the reluctance to use a lawyer. You could offer to pay
for it yourself; it can be as little as $700 to $2000 or so. H-1Bs are
routine cases for lawyers. As I said before, the fees for a denied and
refiled H-1B can be more than that.
By the way, you can download the I-129 from the BCIS Web site at
http://www.immigration.gov - all BCIS forms are available online. That
will allow to see for yourself what the form is like.
You can also find the LCA procedure on the Web, I believe somewhere under
http://www.etadol.gov (if that doesn't work, search for the terms ETA DOL
LCA in Google).
Do be careful: the instructions have not been updated for more than ten
years (except for minor things), so even basic things such as what address
to send it to or what fee to include may be outdated. One thing that trips
up many people is that the instructions claim that INS needs original
documents. This is NOT TRUE. Never, ever, send original documents to INS;
you wouldn't get it back. Send photocopies. There is no need to get them
certified. Foreign documents need to be translated, but you can do the
translation yourself.
> Also - I said in my original posting that a lot of my 16 years of
> experience is voluntary. Is this going to matter?
It may or may not matter. That's what the credential evaluator has to
decide (and INS has to buy in the end).
> I am going to contact my potential employer now and try to get them to
> hold of on sending the form until I have read your next reply.
>
> Thanks again. You are really helping me.
My pleasure!
>
> Ok Ingo, thanks for your help - I really do appreciate it.
>
> Unfortunately, as I am in the UK and they are in the US, it is difficult
> sometimes to keep the lines of communication open with them. When I said
> it took about a month for the ETA 9035 to be processed, I think what I
> meant (in hindsight) was that I didn't hear anything from my potential
> employer for about a month. That doesn't necessarily mean that it took a
> month to process. Apparently, the INS told my potential employer that
> they needed to file this ETA 9035 - wouldn't they know that this is an
> outdated procedure and there is a newer quicker one? Why did they tell
> them this information??
No, the ETA 9035 really would take that long. The new electronic procedure
is not called that.
Your experience is the perfect example for why you DON'T want to ask INS.
The people you talk to there are front-desk people with approximately the
qualification of a receptionist or so, but a far more stressful job. They
will neither know the ins and outs of immigration law, but only the basics
- if that - and have too much stress to spend any time taking your
interest into account.
In this example, what the INS officer told your employer was entirely
correct - but bad information nonetheless.
Also, in this example, INS is even less qualified to answer questions
because the LCA isn't even an INS procedure - it's a Department of Labor
procedure. How would a poor low-level INS who doesn't deal with that
particular area every single day understand that there are several
different procedures, and what it takes to qualify for either one? In my
experience, these are great people who try to help, but the help often
amounts to guesses, hearsay or "suggest the safest course of action".
> I am sorry about being a bit stupid in all of this, I am trying to learn
> as I go along:
No problem. We all started out that way! And it is good that you are
learning about the process, even if you eventually hire a lawyer - it will
allow you to double-check what the lawyer does. An educated customer is
always popular with lawyers, and you will get better results that way.
> Now the ETA 9035 has been filed and approved, does this
> now mean that the position has been certified and that the INS agrees
> that my potential employer hasn't been able to find a US worker so now
> gives permission to file whatever visa for a foreign worker? Is this
> what that means? Or does my potential employer still have to prove that
> they can't find a US worker?
An H-1B does not require this proof in the first place. The LCA is what
the name (and form) suggests: an attestation by the employer that the job
he offered you will have conditions that would be acceptable to US workers
(same salary, hours, benefits, no strike/lockout, etc.)
It is the only official prerequisite for an H-1B. The other major
prerequisite that most people need in practical terms is a credentials
evaluation. This is a statement from a credential evaluation company
(there are hundreds of them in the US) that your degree, or in your case
your experience, is equivalent to a US degree.
You'll also need minor things, such as birth certificates etc.
And of course a check for the fees.
> Is the I-129 the final form? Or are there other forms to come? Because
> my potential employer is a Not-For-Profit company and aren't exactly
> rolling in money, they are a bit hesitant in using a lawyer. Do I need
> to persuade them that they need to at least get the I-129 checked over
> by one? Get a lawyer to hear the case/situation? What does the whole
> I-129 form consist of? Are the spaces in there to prove experience etc?
The I-129 (together with supplement H) is indeed the final form. Well,
except for the visa application for that you use to get the visa stamp in
your passport from the consulate - but that's a mere formality.
I can understand the reluctance to use a lawyer. You could offer to pay
for it yourself; it can be as little as $700 to $2000 or so. H-1Bs are
routine cases for lawyers. As I said before, the fees for a denied and
refiled H-1B can be more than that.
By the way, you can download the I-129 from the BCIS Web site at
http://www.immigration.gov - all BCIS forms are available online. That
will allow to see for yourself what the form is like.
You can also find the LCA procedure on the Web, I believe somewhere under
http://www.etadol.gov (if that doesn't work, search for the terms ETA DOL
LCA in Google).
Do be careful: the instructions have not been updated for more than ten
years (except for minor things), so even basic things such as what address
to send it to or what fee to include may be outdated. One thing that trips
up many people is that the instructions claim that INS needs original
documents. This is NOT TRUE. Never, ever, send original documents to INS;
you wouldn't get it back. Send photocopies. There is no need to get them
certified. Foreign documents need to be translated, but you can do the
translation yourself.
> Also - I said in my original posting that a lot of my 16 years of
> experience is voluntary. Is this going to matter?
It may or may not matter. That's what the credential evaluator has to
decide (and INS has to buy in the end).
> I am going to contact my potential employer now and try to get them to
> hold of on sending the form until I have read your next reply.
>
> Thanks again. You are really helping me.
My pleasure!
Mar 12th 2003, 12:16 pm
#5
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Ingo, you are a star.
Just a few last questions then, if thats ok:
1) You say that the H1-B does not need the proof that the employer hasn't been able to find a US worker. But then you say that the LCA is an attestation by the employer that the job he offered you will have conditions that would be acceptable to US workers (same salary, hours, benefits, no strike/lockout, etc.) Where in all of this is where the employer has to prove he couldn't find a US worker? Or is that the LCA part, and I just misunderstood?
2) So the LCA is done and now we are ready to send of the H1-B form right?
3) Credentials Evaluation. When does this happen?? Is it that if the INS feels it is neccesary they will contact the employer and ask for my credentials to be evaluated? Does this ALWAYS happen? If it does, how do I do it? Or will they explain that? How long does it take? How much does it cost? Who do I use? Does my experience have to amount to a particular degree that the evaluating company will decide on? For instance, if I have 16 years experience as a Scientist, but no degree, the credentials company will say that I have the equivelant of a BS in Science? The problem is that the job I have been offered there is no equivalent degree for. Believe me, it is even too complicated to get into, but if you want to know, let me know and I can email you about it. I can provide plenty of letters of evidence from experts in my field of work who can give glowing references, or whatever is needed. Can this help?
4) Once this is all done, hopefully in 6 months I get a yes or no? If it is a no, can we start all over again? Or not?
Thanks again Ingo.
Just a few last questions then, if thats ok:
1) You say that the H1-B does not need the proof that the employer hasn't been able to find a US worker. But then you say that the LCA is an attestation by the employer that the job he offered you will have conditions that would be acceptable to US workers (same salary, hours, benefits, no strike/lockout, etc.) Where in all of this is where the employer has to prove he couldn't find a US worker? Or is that the LCA part, and I just misunderstood?
2) So the LCA is done and now we are ready to send of the H1-B form right?
3) Credentials Evaluation. When does this happen?? Is it that if the INS feels it is neccesary they will contact the employer and ask for my credentials to be evaluated? Does this ALWAYS happen? If it does, how do I do it? Or will they explain that? How long does it take? How much does it cost? Who do I use? Does my experience have to amount to a particular degree that the evaluating company will decide on? For instance, if I have 16 years experience as a Scientist, but no degree, the credentials company will say that I have the equivelant of a BS in Science? The problem is that the job I have been offered there is no equivalent degree for. Believe me, it is even too complicated to get into, but if you want to know, let me know and I can email you about it. I can provide plenty of letters of evidence from experts in my field of work who can give glowing references, or whatever is needed. Can this help?
4) Once this is all done, hopefully in 6 months I get a yes or no? If it is a no, can we start all over again? Or not?
Thanks again Ingo.
Mar 12th 2003, 12:44 pm
#6
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
ukbritguyusa wrote:
>
> Ingo, you are a star.
>
> Just a few last questions then, if thats ok:
>
> 1) You say that the H1-B does not need the proof that the employer
> hasn't been able to find a US worker. But then you say that the LCA
> is an attestation by the employer that the job he offered you will
> have conditions that would be acceptable to US workers (same salary,
> hours, benefits, no strike/lockout, etc.) Where in all of this is
> where the employer has to prove he couldn't find a US worker? Or is
> that the LCA part, and I just misunderstood?
LCA Labour Condition Attestation is the attestation by the employer that
the job he's offering you has conditions equivalent to those that would
be offered US workers. This is a pre-requisite for the employer to
petition for an H1B. There is NO requirement to prove that he couldn't
hire a US worker to apply for an H1B employee. What you're confusing
this with is maybe the LC (Labour Certification) for a Green Card, which
IS proof that the employer couldn't find an American.
>
> 2) So the LCA is done and now we are ready to send of the H1-B
> form right?
On Form I-129 ... Correct.
> 3) Credentials Evaluation. When does this happen?? Is it that if the INS
> feels it is neccesary they will contact the employer and ask for my
> credentials to be evaluated? Does this ALWAYS happen? If it does, how
> do I do it? Or will they explain that? How long does it take? How
> much does it cost? Who do I use? Does my experience have to amount to
> a particular degree that the evaluating company will decide on? For
> instance, if I have 16 years experience as a Scientist, but no
> degree, the credentials company will say that I have the equivelant
> of a BS in Science? The problem is that the job I have been offered
> there is no equivalent degree for. Believe me, it is even too
> complicated to get into, but if you want to know, let me know and I
> can email you about it. I can provide plenty of letters of evidence
> from experts in my field of work who can give glowing references, or
> whatever is needed. Can this help?
This should be filed with form I-129. Your employer should enlist the
services of an immigration attorney who will undoubtedly have a
credentials evaluation service with whom they work.
> 4) Once this is all done, hopefully in 6 months I get a yes or no? If it
> is a no, can we start all over again? Or not?
If you're refused, then after all that, unless there's a technical
error, then there's no point in trying again. It shouldn't take 6
months ... more like 3-4 if done properly.
Stuart
>
> Ingo, you are a star.
>
> Just a few last questions then, if thats ok:
>
> 1) You say that the H1-B does not need the proof that the employer
> hasn't been able to find a US worker. But then you say that the LCA
> is an attestation by the employer that the job he offered you will
> have conditions that would be acceptable to US workers (same salary,
> hours, benefits, no strike/lockout, etc.) Where in all of this is
> where the employer has to prove he couldn't find a US worker? Or is
> that the LCA part, and I just misunderstood?
LCA Labour Condition Attestation is the attestation by the employer that
the job he's offering you has conditions equivalent to those that would
be offered US workers. This is a pre-requisite for the employer to
petition for an H1B. There is NO requirement to prove that he couldn't
hire a US worker to apply for an H1B employee. What you're confusing
this with is maybe the LC (Labour Certification) for a Green Card, which
IS proof that the employer couldn't find an American.
>
> 2) So the LCA is done and now we are ready to send of the H1-B
> form right?
On Form I-129 ... Correct.
> 3) Credentials Evaluation. When does this happen?? Is it that if the INS
> feels it is neccesary they will contact the employer and ask for my
> credentials to be evaluated? Does this ALWAYS happen? If it does, how
> do I do it? Or will they explain that? How long does it take? How
> much does it cost? Who do I use? Does my experience have to amount to
> a particular degree that the evaluating company will decide on? For
> instance, if I have 16 years experience as a Scientist, but no
> degree, the credentials company will say that I have the equivelant
> of a BS in Science? The problem is that the job I have been offered
> there is no equivalent degree for. Believe me, it is even too
> complicated to get into, but if you want to know, let me know and I
> can email you about it. I can provide plenty of letters of evidence
> from experts in my field of work who can give glowing references, or
> whatever is needed. Can this help?
This should be filed with form I-129. Your employer should enlist the
services of an immigration attorney who will undoubtedly have a
credentials evaluation service with whom they work.
> 4) Once this is all done, hopefully in 6 months I get a yes or no? If it
> is a no, can we start all over again? Or not?
If you're refused, then after all that, unless there's a technical
error, then there's no point in trying again. It shouldn't take 6
months ... more like 3-4 if done properly.
Stuart
Mar 12th 2003, 1:44 pm
#7
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Thanks S B, you are a star also!
OK I am beginning to understand everything now.
I am a bit surprised about the whole credential evaluation thing. I had no idea you had to send it off with the I-129 form, where does it say that anywhere on the form?!? Does it and I just missed it?
My potential employer was going to send off the I-129 form today, but I told them to hold off until I had the answers from you guys. What would of happened if they had sent of the form without these credential evaluations??
What should I do now? I hate to say this, but my employer really doesn't want to spend the money on a lawyer. Its not that they don't want me, because they really do, its just they can't spend the money right now on one. What do you think I should do? Can I get through this without using a lawyer?
Can you give any advice on beginning this credential evaluation?
Last thing: If the LCA is sent off with the correctly completed I-129 form and a good set of evaluated credentials (bearing in mind that my potential job is very specialised and there are very few people in the WORLD who have the knowledge to do it), what reasons are there that the petition could get denied. It is very unlikely that the INS has hit its H1-B quota right? What other reasons could there be?
Thanks again guys.
OK I am beginning to understand everything now.
I am a bit surprised about the whole credential evaluation thing. I had no idea you had to send it off with the I-129 form, where does it say that anywhere on the form?!? Does it and I just missed it?
My potential employer was going to send off the I-129 form today, but I told them to hold off until I had the answers from you guys. What would of happened if they had sent of the form without these credential evaluations??
What should I do now? I hate to say this, but my employer really doesn't want to spend the money on a lawyer. Its not that they don't want me, because they really do, its just they can't spend the money right now on one. What do you think I should do? Can I get through this without using a lawyer?
Can you give any advice on beginning this credential evaluation?
Last thing: If the LCA is sent off with the correctly completed I-129 form and a good set of evaluated credentials (bearing in mind that my potential job is very specialised and there are very few people in the WORLD who have the knowledge to do it), what reasons are there that the petition could get denied. It is very unlikely that the INS has hit its H1-B quota right? What other reasons could there be?
Thanks again guys.
Last edited by ukbritguyusa; Mar 12th 2003 at 1:47 pm.
Mar 12th 2003, 2:23 pm
#8
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
ukbritguyusa wrote:
>
> Thanks S B, you are a star also!
>
> OK I am beginning to understand everything now.
Well, what you haven't understood is the fact that the immigration
process in the US has been historically (for the last 40 years or so)
been handled by immigration lawyers or corporate immigration
specialists and the INS processes are set up to deal with lawyers, not
the general public.
> I am a bit surprised about the whole credential evaluation thing. I had
> no idea you had to send it off with the I-129 form, where does it say
> that anywhere on the form?!? Does it and I just missed it?
You have to provide proof of education or its equivalent, and its up to
you to prove the equivalence, not the INS to work it out for you.
> My potential employer was going to send off the I-129 form today, but I
> told them to hold off until I had the answers from you guys. What would
> of happened if they had sent of the form without these credential
> evaluations??
You'd get an I-797 Notice of Action with the title Request for Evidence,
adding another month or so processing time.
> What should I do now? I hate to say this, but my employer really
> doesn't want to spend the money on a lawyer. Its not that they don't
> want me, because they really do, its just they can't spend the money
> right now on one. What do you think I should do? Can I get through this
> without using a lawyer?
Do they know that it's going to cost them the $1000 training fee plus
the cost of the forms ?
> Can you give any advice on beginning this credential evaluation?
See http://www.grasmick.com/resource.htm#CREDENTIALS EVALUATIONS
> Last thing: If the LCA is sent off with the correctly completed I-129
> form and a good set of evaluated credentials (bearing in mind that my
> potential job is very specialised and there are very few people in the
> WORLD who have the knowledge to do it), what reasons are there that the
> petition could get denied. It is very unlikely that the INS has hit its
> H1-B quota right? What other reasons could there be?
Lots of potential reasons ... including the INS officer had a bad
night's sleep and is pissed off with his wife. Sorry to tell you that,
but that is not unheard of. Again this is why spending the money on a
lawyer is a good idea. They know the things to do to get it right first
time - we can only speculate.
>
> Thanks S B, you are a star also!
>
> OK I am beginning to understand everything now.
Well, what you haven't understood is the fact that the immigration
process in the US has been historically (for the last 40 years or so)
been handled by immigration lawyers or corporate immigration
specialists and the INS processes are set up to deal with lawyers, not
the general public.
> I am a bit surprised about the whole credential evaluation thing. I had
> no idea you had to send it off with the I-129 form, where does it say
> that anywhere on the form?!? Does it and I just missed it?
You have to provide proof of education or its equivalent, and its up to
you to prove the equivalence, not the INS to work it out for you.
> My potential employer was going to send off the I-129 form today, but I
> told them to hold off until I had the answers from you guys. What would
> of happened if they had sent of the form without these credential
> evaluations??
You'd get an I-797 Notice of Action with the title Request for Evidence,
adding another month or so processing time.
> What should I do now? I hate to say this, but my employer really
> doesn't want to spend the money on a lawyer. Its not that they don't
> want me, because they really do, its just they can't spend the money
> right now on one. What do you think I should do? Can I get through this
> without using a lawyer?
Do they know that it's going to cost them the $1000 training fee plus
the cost of the forms ?
> Can you give any advice on beginning this credential evaluation?
See http://www.grasmick.com/resource.htm#CREDENTIALS EVALUATIONS
> Last thing: If the LCA is sent off with the correctly completed I-129
> form and a good set of evaluated credentials (bearing in mind that my
> potential job is very specialised and there are very few people in the
> WORLD who have the knowledge to do it), what reasons are there that the
> petition could get denied. It is very unlikely that the INS has hit its
> H1-B quota right? What other reasons could there be?
Lots of potential reasons ... including the INS officer had a bad
night's sleep and is pissed off with his wife. Sorry to tell you that,
but that is not unheard of. Again this is why spending the money on a
lawyer is a good idea. They know the things to do to get it right first
time - we can only speculate.
Mar 12th 2003, 7:55 pm
#9
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
S B already gave excellent answers, so I'll just add to whatever he said.
On Thu, 13 Mar 2003 01:16:26 +0000, ukbritguyusa wrote:
> Ingo, you are a star.
>
> Just a few last questions then, if thats ok:
>
> 3) Credentials Evaluation. When does this happen??
Your employer needs to send it together with the I-129. He will also need
to include evidence that you really have the experience you claimed, such
as letters of recommendation from previous employers (the evaluator will
ask for the same documents)
> Is it that if the INS feels it is neccesary they will contact the
> employer and ask for my credentials to be evaluated?
If the evaluations aren't sent with the application, INS will usually send
a Request for Evidence (RFE) and request it. Sometimes they outright deny
the case for lack of evidence. If they send an RFE, your employer has, I
believe, 90 days to respond. An RFE will greatly affect the total
processing time; it is something to be avoided.
> Does this ALWAYS happen? If it does, how do I do it?
Your employer needs to locate a credential evaluator and get the
evaluation. And, yes, it is almost always required. The only exception is
if you have a US degree (actually, that isn't quite true. For my H-1B, I
actually just wrote my own as an affidavit. That was a clear-cut case,
though, and is NOT recommended).
> Or will they explain that? How long does it take?
Usually, a few days. Depends how busy the evaluator is.
> How much does it cost? Who do I use?
I think most evaluators change around $100 or so. A quick google search
found this service: http://www.auap.com/eval.html. They seem to be very
focused on academics, so there may be better services. Again, one more
advantage of hiring a lawyer is that he will already have one on hand.
> Does my experience have to amount to a particular
> degree that the evaluating company will decide on? For instance, if I
> have 16 years experience as a Scientist, but no degree, the
> credentials company will say that I have the equivelant of a BS in
> Science? The problem is that the job I have been offered there is no
> equivalent degree for. Believe me, it is even too complicated to get
> into, but if you want to know, let me know and I can email you about
> it. I can provide plenty of letters of evidence from experts in my
> field of work who can give glowing references, or whatever is needed.
> Can this help?
>
> 4) Once this is all done, hopefully in 6 months I get a yes or no? If it
> is a no, can we start all over again? Or not?
Actually, it can be much faster. Premium processing guarantees an answer
in 15 days. That can be either an approval, a denial, or an RFE. Quite
frankly, without experience an RFE is quite likely, so premium processing
is a waste of money if you don't use a lawyer.
On Thu, 13 Mar 2003 01:16:26 +0000, ukbritguyusa wrote:
> Ingo, you are a star.
>
> Just a few last questions then, if thats ok:
>
> 3) Credentials Evaluation. When does this happen??
Your employer needs to send it together with the I-129. He will also need
to include evidence that you really have the experience you claimed, such
as letters of recommendation from previous employers (the evaluator will
ask for the same documents)
> Is it that if the INS feels it is neccesary they will contact the
> employer and ask for my credentials to be evaluated?
If the evaluations aren't sent with the application, INS will usually send
a Request for Evidence (RFE) and request it. Sometimes they outright deny
the case for lack of evidence. If they send an RFE, your employer has, I
believe, 90 days to respond. An RFE will greatly affect the total
processing time; it is something to be avoided.
> Does this ALWAYS happen? If it does, how do I do it?
Your employer needs to locate a credential evaluator and get the
evaluation. And, yes, it is almost always required. The only exception is
if you have a US degree (actually, that isn't quite true. For my H-1B, I
actually just wrote my own as an affidavit. That was a clear-cut case,
though, and is NOT recommended).
> Or will they explain that? How long does it take?
Usually, a few days. Depends how busy the evaluator is.
> How much does it cost? Who do I use?
I think most evaluators change around $100 or so. A quick google search
found this service: http://www.auap.com/eval.html. They seem to be very
focused on academics, so there may be better services. Again, one more
advantage of hiring a lawyer is that he will already have one on hand.
> Does my experience have to amount to a particular
> degree that the evaluating company will decide on? For instance, if I
> have 16 years experience as a Scientist, but no degree, the
> credentials company will say that I have the equivelant of a BS in
> Science? The problem is that the job I have been offered there is no
> equivalent degree for. Believe me, it is even too complicated to get
> into, but if you want to know, let me know and I can email you about
> it. I can provide plenty of letters of evidence from experts in my
> field of work who can give glowing references, or whatever is needed.
> Can this help?
>
> 4) Once this is all done, hopefully in 6 months I get a yes or no? If it
> is a no, can we start all over again? Or not?
Actually, it can be much faster. Premium processing guarantees an answer
in 15 days. That can be either an approval, a denial, or an RFE. Quite
frankly, without experience an RFE is quite likely, so premium processing
is a waste of money if you don't use a lawyer.
Mar 12th 2003, 8:04 pm
#10
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
On Thu, 13 Mar 2003 02:44:58 +0000, ukbritguyusa wrote:
>
> Thanks S B, you are a star also!
>
> OK I am beginning to understand everything now.
>
> I am a bit surprised about the whole credential evaluation thing. I had
> no idea you had to send it off with the I-129 form, where does it say
> that anywhere on the form?!? Does it and I just missed it?
It's well possible that it doesn't. The instructions are far from
accurate! It may also be hidden in language such as "include evidence of
your qualifification" or something similarly vague.
> My potential employer was going to send off the I-129 form today, but I
> told them to hold off until I had the answers from you guys. What would
> of happened if they had sent of the form without these credential
> evaluations??
If you are lucky, they would have received an RFE, and your case would be
delayed by a couple months. It's also possible that the case would have
been denied and they would have paid the fees for nothing.
> What should I do now? I hate to say this, but my employer really
> doesn't want to spend the money on a lawyer. Its not that they don't
> want me, because they really do, its just they can't spend the money
> right now on one. What do you think I should do? Can I get through this
> without using a lawyer?
Well, you sure can, and many people do. Let me mention a few things:
- BCIS doesn't like self-prepared H-1Bs because they are often deficient.
At some point, INS stated that they denied something 40% of self-filed
H-1Bs, and only a very small fraction of lawyer-filed ones.
- I did my own H-1B. Back then, I was in a similar position to you as far
as knowledge goes, and ended up getting it denied twice. The third one was
a charm. Fortunately, that was ten years ago, when the fees were still
very affordable.
> Can you give any advice on beginning this credential evaluation?
>
> Last thing: If the LCA is sent off with the correctly completed I-129
> form and a good set of evaluated credentials (bearing in mind that my
> potential job is very specialised and there are very few people in the
> WORLD who have the knowledge to do it), what reasons are there that the
> petition could get denied. It is very unlikely that the INS has hit its
> H1-B quota right? What other reasons could there be?
You are right, the quota likely won't be hit - although it is difficult to
predict. If you don't use premium processing, it is possible that your
case would be delayed until the end of the fiscal year, when the quota is
most likely to be exhausted.
In the past, INS has then held such H-1B petitions until October 1, and
then approved them. So even if the quota is hit, you won't get a denial.
There are other reasons for a denial, such as a mismatch between the job
and the qualifications that you claim in your evaluation. I'm sure there
are other reasons I can't think of right now.
>
> Thanks S B, you are a star also!
>
> OK I am beginning to understand everything now.
>
> I am a bit surprised about the whole credential evaluation thing. I had
> no idea you had to send it off with the I-129 form, where does it say
> that anywhere on the form?!? Does it and I just missed it?
It's well possible that it doesn't. The instructions are far from
accurate! It may also be hidden in language such as "include evidence of
your qualifification" or something similarly vague.
> My potential employer was going to send off the I-129 form today, but I
> told them to hold off until I had the answers from you guys. What would
> of happened if they had sent of the form without these credential
> evaluations??
If you are lucky, they would have received an RFE, and your case would be
delayed by a couple months. It's also possible that the case would have
been denied and they would have paid the fees for nothing.
> What should I do now? I hate to say this, but my employer really
> doesn't want to spend the money on a lawyer. Its not that they don't
> want me, because they really do, its just they can't spend the money
> right now on one. What do you think I should do? Can I get through this
> without using a lawyer?
Well, you sure can, and many people do. Let me mention a few things:
- BCIS doesn't like self-prepared H-1Bs because they are often deficient.
At some point, INS stated that they denied something 40% of self-filed
H-1Bs, and only a very small fraction of lawyer-filed ones.
- I did my own H-1B. Back then, I was in a similar position to you as far
as knowledge goes, and ended up getting it denied twice. The third one was
a charm. Fortunately, that was ten years ago, when the fees were still
very affordable.
> Can you give any advice on beginning this credential evaluation?
>
> Last thing: If the LCA is sent off with the correctly completed I-129
> form and a good set of evaluated credentials (bearing in mind that my
> potential job is very specialised and there are very few people in the
> WORLD who have the knowledge to do it), what reasons are there that the
> petition could get denied. It is very unlikely that the INS has hit its
> H1-B quota right? What other reasons could there be?
You are right, the quota likely won't be hit - although it is difficult to
predict. If you don't use premium processing, it is possible that your
case would be delayed until the end of the fiscal year, when the quota is
most likely to be exhausted.
In the past, INS has then held such H-1B petitions until October 1, and
then approved them. So even if the quota is hit, you won't get a denial.
There are other reasons for a denial, such as a mismatch between the job
and the qualifications that you claim in your evaluation. I'm sure there
are other reasons I can't think of right now.
Mar 13th 2003, 10:00 am
#11
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
I don't know what I would do without you guys! Here are a few questions that have popped up into my head:
1) Does any of this change if I am a Candian Citizen. Does any of this become easier?
2) I read on this website:
http://www.immspec.com/h1bdocs.htm#Needed from the foreign worker:
about all of the documents needed from the foreign worker for the H1-B processing. Is this all the stuff the INS will need? Or is it just company who runs the website who ask for this stuff. For instance, current resume, complete copy of passport. Are the INS going to ask for all this stuff?
The full resume thing is worrying me because several of my employers are now not in business. Will the INS try to get in contact will all of my past employers as part of the process??
3) Hypothetical question: I have already told you guys that the job I have been offered is very specialised. This is good right? Isn't that what the H1-B is all about? Lets say the job description is made up of 3 parts. One of the parts I have little experience of. One of the parts I have some experience of. The last part I have a lot of experience, in fact it is what makes up most of my 16 years of experience. Is this ok? Or do I need to demonstrate complete experience in EVERY part of the job description?
Thanks again guys.
1) Does any of this change if I am a Candian Citizen. Does any of this become easier?
2) I read on this website:
http://www.immspec.com/h1bdocs.htm#Needed from the foreign worker:
about all of the documents needed from the foreign worker for the H1-B processing. Is this all the stuff the INS will need? Or is it just company who runs the website who ask for this stuff. For instance, current resume, complete copy of passport. Are the INS going to ask for all this stuff?
The full resume thing is worrying me because several of my employers are now not in business. Will the INS try to get in contact will all of my past employers as part of the process??
3) Hypothetical question: I have already told you guys that the job I have been offered is very specialised. This is good right? Isn't that what the H1-B is all about? Lets say the job description is made up of 3 parts. One of the parts I have little experience of. One of the parts I have some experience of. The last part I have a lot of experience, in fact it is what makes up most of my 16 years of experience. Is this ok? Or do I need to demonstrate complete experience in EVERY part of the job description?
Thanks again guys.
Mar 13th 2003, 10:27 am
#12
Forum Regular
Joined: Jun 2001
Posts: 112
The full resume thing is worrying me because several of my employers are now not in business. Will the INS try to get in contact will all of my past employers as part of the process??
3) Hypothetical question: I have already told you guys that the job I have been offered is very specialised. This is good right? Isn't that what the H1-B is all about? Lets say the job description is made up of 3 parts. One of the parts I have little experience of. One of the parts I have some experience of. The last part I have a lot of experience, in fact it is what makes up most of my 16 years of experience. Is this ok? Or do I need to demonstrate complete experience in EVERY part of the job description?
Thanks again guys. [/QUOTE]
From my own experience you will need to supply stacks of evidence. I have over 20 years experience in my field plus 2 degrees, one relevant, one not and I had to supply references from all employers for the past 15 years plus, there were two companies no longer in business and I had to supply proof of former employment - original contract, membership of pension scheme, articles in trade press even old business cards. I can't advise you strongly enough to get good legal advice if your case is in any way out of the ordinary which it appears to be judging from your post.
3) Hypothetical question: I have already told you guys that the job I have been offered is very specialised. This is good right? Isn't that what the H1-B is all about? Lets say the job description is made up of 3 parts. One of the parts I have little experience of. One of the parts I have some experience of. The last part I have a lot of experience, in fact it is what makes up most of my 16 years of experience. Is this ok? Or do I need to demonstrate complete experience in EVERY part of the job description?
Thanks again guys. [/QUOTE]
From my own experience you will need to supply stacks of evidence. I have over 20 years experience in my field plus 2 degrees, one relevant, one not and I had to supply references from all employers for the past 15 years plus, there were two companies no longer in business and I had to supply proof of former employment - original contract, membership of pension scheme, articles in trade press even old business cards. I can't advise you strongly enough to get good legal advice if your case is in any way out of the ordinary which it appears to be judging from your post.
Mar 13th 2003, 3:08 pm
#13
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
ukbritguyusa wrote:
>
> I don't know what I would do without you guys! Here are a few questions
> that have popped up into my head:
>
> 1) Does any of this change if I am a Candian Citizen. Does any of this
> become easier?
Not really ... the only difference is you don't have to go to an embassy
/ consulate and have a passport visa put into your passport - but you
MUST provide proof of Canadian Citizenship.
> 2) I read on this website:
>
> http://www.immspec.com/h1bdocs.htm#Needed from the
> foreign worker:
>
> about all of the documents needed from the foreign worker for the H1-B
> processing. Is this all the stuff the INS will need? Or is it just
> company who runs the website who ask for this stuff. For instance,
> current resume, complete copy of passport. Are the INS going to ask for
> all this stuff?
You need to provide the evidence - if you don't provide it, you may get
a request for evidence or a refusal.
This is why it is a good idea to have an attorney prepare this for you.
> The full resume thing is worrying me because several of my employers are
> now not in business. Will the INS try to get in contact will all of my
> past employers as part of the process??
They don't contact the employers. You just need to provide the
evidence.
> 3) Hypothetical question: I have already told you guys that the job I
> have been offered is very specialised. This is good right? Isn't that
> what the H1-B is all about? Lets say the job description is made up
> of 3 parts. One of the parts I have little experience of. One of the
> parts I have some experience of. The last part I have a lot of
> experience, in fact it is what makes up most of my 16 years of
> experience. Is this ok? Or do I need to demonstrate complete
> experience in EVERY part of the job description?
Probably OK, but that again is where a good attorney comes it. He'll
provide the glue to put it altogether in a favourable way.
Sorry to keep harping on it, but hiring an attorney, if the job is worth
it to you and you to the employer is the best way to go. It's really
only cut and dried cases where people get away without legal assistance.
>
> I don't know what I would do without you guys! Here are a few questions
> that have popped up into my head:
>
> 1) Does any of this change if I am a Candian Citizen. Does any of this
> become easier?
Not really ... the only difference is you don't have to go to an embassy
/ consulate and have a passport visa put into your passport - but you
MUST provide proof of Canadian Citizenship.
> 2) I read on this website:
>
> http://www.immspec.com/h1bdocs.htm#Needed from the
> foreign worker:
>
> about all of the documents needed from the foreign worker for the H1-B
> processing. Is this all the stuff the INS will need? Or is it just
> company who runs the website who ask for this stuff. For instance,
> current resume, complete copy of passport. Are the INS going to ask for
> all this stuff?
You need to provide the evidence - if you don't provide it, you may get
a request for evidence or a refusal.
This is why it is a good idea to have an attorney prepare this for you.
> The full resume thing is worrying me because several of my employers are
> now not in business. Will the INS try to get in contact will all of my
> past employers as part of the process??
They don't contact the employers. You just need to provide the
evidence.
> 3) Hypothetical question: I have already told you guys that the job I
> have been offered is very specialised. This is good right? Isn't that
> what the H1-B is all about? Lets say the job description is made up
> of 3 parts. One of the parts I have little experience of. One of the
> parts I have some experience of. The last part I have a lot of
> experience, in fact it is what makes up most of my 16 years of
> experience. Is this ok? Or do I need to demonstrate complete
> experience in EVERY part of the job description?
Probably OK, but that again is where a good attorney comes it. He'll
provide the glue to put it altogether in a favourable way.
Sorry to keep harping on it, but hiring an attorney, if the job is worth
it to you and you to the employer is the best way to go. It's really
only cut and dried cases where people get away without legal assistance.
Mar 13th 2003, 3:43 pm
#14
Guest
Posts: n/a
Re: New question to Ingo, H1-B stuff
On Thu, 13 Mar 2003 23:00:50 +0000, ukbritguyusa wrote:
>
> I don't know what I would do without you guys! Here are a few questions
> that have popped up into my head:
>
> 1) Does any of this change if I am a Candian Citizen. Does any of this
> become easier?
Possibly. As a Canadian citizen, you might be eligible for TN status,
which you can sometimes get without a degree. Also, you can skip the very
last step and go straight to the US border without stopping at a consulate
for a visa.
> 2) I read on this website:
>
> http://www.immspec.com/h1bdocs.htm#Needed from the
> foreign worker:
>
> about all of the documents needed from the foreign worker for the H1-B
> processing. Is this all the stuff the INS will need? Or is it just
> company who runs the website who ask for this stuff. For instance,
> current resume, complete copy of passport. Are the INS going to ask for
> all this stuff?
>
> The full resume thing is worrying me because several of my employers are
> now not in business. Will the INS try to get in contact will all of my
> past employers as part of the process??
INS does not usually try to contact them, unless they suspect fraud. Even
then, employers going out of business is a perfectly normal situation.
> 3) Hypothetical question: I have already told you guys that the job I
> have been offered is very specialised. This is good right? Isn't that
> what the H1-B is all about?
Kind of. It's actually for specialized positions requiring a degree.
> Lets say the job description is made up
> of 3 parts. One of the parts I have little experience of. One of the
> parts I have some experience of. The last part I have a lot of
> experience, in fact it is what makes up most of my 16 years of
> experience. Is this ok? Or do I need to demonstrate complete
> experience in EVERY part of the job description?
Basically, in order to support such an application, the job description
would have to read:
"Requires a bachelor's degree or 12 years of experience in the field of
ABC, and at least three years of experience in the field of DEF and at
least one year of experience in the field of GHI".
The outcome depends on how the skills are related. If all skills are
required to perform the same task, then this can actually be advantageous
later on if you apply for a Green Card.
On the other hand, if the job consists of three different types of tasks,
then DoL and INS would argue that these are really three jobs, and you are
only qualified for one of them. They would deny the application, and tell
your employer to reapply for only the job that you are actually qualified
for. You would then actually be prohibited from performing the other
tasks.
For an example, let's say that the job is software development for charity
retail stores (such as Goodwill stores). It would be OK if your job
consisted of just software development, and knowledge of the retail
industry and of charities is required to make you perform better as a
software developer.
On the other hand, if the job was "develops software, and also needs to
help out in the retail store" then retail knowledge is not germaine to the
software development task.
It might help if you post more details about the actual job. Or, again,
hire an attorney.
>
> I don't know what I would do without you guys! Here are a few questions
> that have popped up into my head:
>
> 1) Does any of this change if I am a Candian Citizen. Does any of this
> become easier?
Possibly. As a Canadian citizen, you might be eligible for TN status,
which you can sometimes get without a degree. Also, you can skip the very
last step and go straight to the US border without stopping at a consulate
for a visa.
> 2) I read on this website:
>
> http://www.immspec.com/h1bdocs.htm#Needed from the
> foreign worker:
>
> about all of the documents needed from the foreign worker for the H1-B
> processing. Is this all the stuff the INS will need? Or is it just
> company who runs the website who ask for this stuff. For instance,
> current resume, complete copy of passport. Are the INS going to ask for
> all this stuff?
>
> The full resume thing is worrying me because several of my employers are
> now not in business. Will the INS try to get in contact will all of my
> past employers as part of the process??
INS does not usually try to contact them, unless they suspect fraud. Even
then, employers going out of business is a perfectly normal situation.
> 3) Hypothetical question: I have already told you guys that the job I
> have been offered is very specialised. This is good right? Isn't that
> what the H1-B is all about?
Kind of. It's actually for specialized positions requiring a degree.
> Lets say the job description is made up
> of 3 parts. One of the parts I have little experience of. One of the
> parts I have some experience of. The last part I have a lot of
> experience, in fact it is what makes up most of my 16 years of
> experience. Is this ok? Or do I need to demonstrate complete
> experience in EVERY part of the job description?
Basically, in order to support such an application, the job description
would have to read:
"Requires a bachelor's degree or 12 years of experience in the field of
ABC, and at least three years of experience in the field of DEF and at
least one year of experience in the field of GHI".
The outcome depends on how the skills are related. If all skills are
required to perform the same task, then this can actually be advantageous
later on if you apply for a Green Card.
On the other hand, if the job consists of three different types of tasks,
then DoL and INS would argue that these are really three jobs, and you are
only qualified for one of them. They would deny the application, and tell
your employer to reapply for only the job that you are actually qualified
for. You would then actually be prohibited from performing the other
tasks.
For an example, let's say that the job is software development for charity
retail stores (such as Goodwill stores). It would be OK if your job
consisted of just software development, and knowledge of the retail
industry and of charities is required to make you perform better as a
software developer.
On the other hand, if the job was "develops software, and also needs to
help out in the retail store" then retail knowledge is not germaine to the
software development task.
It might help if you post more details about the actual job. Or, again,
hire an attorney.
Mar 13th 2003, 9:48 pm
#15
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
OK, so it looks as though I am going to have to save up for a lawyer and do this myself. I have been told enough times on here that its not going to work without one!
Who do people recommend I should hire? Who has done a good job for them? I know the visapro.com website, are they good? I also got a free consultation from Jason Nikolosvki once. I like the idea of the online tracking with visapro.com
Anyway - fire away your recommendations to me!
Who do people recommend I should hire? Who has done a good job for them? I know the visapro.com website, are they good? I also got a free consultation from Jason Nikolosvki once. I like the idea of the online tracking with visapro.com
Anyway - fire away your recommendations to me!
