Too late to file for H1B?

Old Apr 18th 2011, 1:56 pm
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Default Too late to file for H1B?

Hi all, first post here.

I have a potential job offer in the US and I think that I would qualify for an H1B (no degree but 12 years work experience and vocational qualifications).

Am I too late to apply for an H1B to move to the US later this year? I read that you had to file in April?

Are there any recommended immigration lawyers/agencies either in the US or the UK?

Also, I don't know if this is relevant but I previously held an L1-B visa (expired Oct 2010) from my previous employer although I never used this as due to operational requirements I was needed in the UK. Would this affect my application?

Thanks.
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Old Apr 18th 2011, 2:05 pm
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Default Re: Too late to file for H1B?

H-1B quota not yet met and it wasn't met last year until around January. Still have plenty of time to apply.

http://www.uscis.gov/portal/site/usc...004718190aRCRD
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Old Apr 18th 2011, 2:18 pm
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
Hi all, first post here.

I have a potential job offer in the US and I think that I would qualify for an H1B (no degree but 12 years work experience and vocational qualifications).

Am I too late to apply for an H1B to move to the US later this year? I read that you had to file in April?

Are there any recommended immigration lawyers/agencies either in the US or the UK?

Also, I don't know if this is relevant but I previously held an L1-B visa (expired Oct 2010) from my previous employer although I never used this as due to operational requirements I was needed in the UK. Would this affect my application?


Thanks.
You don't apply, your employer does
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Old Apr 18th 2011, 2:55 pm
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Default Re: Too late to file for H1B?

As mentioned in the last post you DON't apply your employer does. They will use their own attorney to handle the application. The only reason you'd need a lawyer is if you want advice on the contract or terms that your employer offers.
If you apply now you won't be able to start work in the US until October 1st 2011 or later if your company wants.
I'm currently awaiting news of my H1b petition, should hear this week!

Good luck.

Last edited by RayM; Apr 18th 2011 at 2:57 pm.
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Old Apr 19th 2011, 6:50 am
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Default Re: Too late to file for H1B?

All,

Thanks for your replies. I noticed online that you can pay a premium processing fee. Does that guarauntee you a decision (approval/denial) in 15 days? Or is there more to it than that?

Also, Has anybody got experience of applying for an H1B without a degree? The qualification that I have requires various assessments and work experience over a minimum 4 year period and I would bet that there are less than 5 people in the US that hold the qualification due to the fact that this is an emerging industry in the US. I also have the 12 years of work experience (just).

Cheers
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Old Apr 19th 2011, 7:48 am
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
All,

Thanks for your replies. I noticed online that you can pay a premium processing fee. Does that guarauntee you a decision (approval/denial) in 15 days? Or is there more to it than that?

Also, Has anybody got experience of applying for an H1B without a degree? The qualification that I have requires various assessments and work experience over a minimum 4 year period and I would bet that there are less than 5 people in the US that hold the qualification due to the fact that this is an emerging industry in the US. I also have the 12 years of work experience (just).

Cheers
Premium Processing does guarantee a decision in 15 days but if there are any questions raised by USCIS that extends the time.

My petition is being processed currently and I don't have a degree. I had to provide details of my work experience over the past 12 years and get this guaranteed/approved by my employer for that period. Luckily I only worked for 1 company over the 12 years so it was comparatively easy.
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Old Apr 19th 2011, 8:22 am
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Default Re: Too late to file for H1B?

Originally Posted by RayM View Post
Premium Processing does guarantee a decision in 15 days but if there are any questions raised by USCIS that extends the time.

My petition is being processed currently and I don't have a degree. I had to provide details of my work experience over the past 12 years and get this guaranteed/approved by my employer for that period. Luckily I only worked for 1 company over the 12 years so it was comparatively easy.
Ray,

Thanks for that. It might be possible then, I have 4 previous employers and I have a very good relationship with all of them so a good employment reference history will be easily obtained. Is there a template for the layout/style of the reference that USCIS require?
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Old Apr 19th 2011, 11:34 am
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
Ray,

Thanks for that. It might be possible then, I have 4 previous employers and I have a very good relationship with all of them so a good employment reference history will be easily obtained. Is there a template for the layout/style of the reference that USCIS require?
My husband also had to do this and had 2 previous employers plus his current one in the UK. If I remember right, they did letters explaining how/when he started with the company, what position he held, what training he undertook while in their employment and how he progressed through the ranks so to say. This was all sent to some Dr person, who looks through all the information and verifies that the experience you've had over the last 12 years is the equivalent of a degree. It was all relatively straight forward, apart from his first employer who said they didn't have any records held at their HR as he'd left the company over 5 years, so we then had to trace his Manager to had employed him and he very kindly did the letter and it was all fine.

I'm sure it'll all fall in to place and as everyone else has said, you don't file, your future employer does so that takes the pressure off a bit. Good luck, don't know if this helped any and I'm sure Ray will come back with more info, his application is current, we did this more than 18 months ago.
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Old Apr 19th 2011, 12:58 pm
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Default Re: Too late to file for H1B?

Originally Posted by Brat1 View Post
My husband also had to do this and had 2 previous employers plus his current one in the UK. If I remember right, they did letters explaining how/when he started with the company, what position he held, what training he undertook while in their employment and how he progressed through the ranks so to say. This was all sent to some Dr person, who looks through all the information and verifies that the experience you've had over the last 12 years is the equivalent of a degree. It was all relatively straight forward, apart from his first employer who said they didn't have any records held at their HR as he'd left the company over 5 years, so we then had to trace his Manager to had employed him and he very kindly did the letter and it was all fine.

I'm sure it'll all fall in to place and as everyone else has said, you don't file, your future employer does so that takes the pressure off a bit. Good luck, don't know if this helped any and I'm sure Ray will come back with more info, his application is current, we did this more than 18 months ago.
Getting my info verified by a Doctorate sounds a bit scary, whilst my qualification is specialised and takes time to obtain I wouldn't consider that it is a degree equivalent. My prospective employer is going to speak to an attorney, maybe they will be able to provide advice on whether the case is a good one or not.
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Old Apr 19th 2011, 3:49 pm
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
Getting my info verified by a Doctorate sounds a bit scary, whilst my qualification is specialised and takes time to obtain I wouldn't consider that it is a degree equivalent. My prospective employer is going to speak to an attorney, maybe they will be able to provide advice on whether the case is a good one or not.

Scary yes, but surprisingly not that difficult
I had to go through the same process 6 and a bit years ago
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Old Apr 19th 2011, 5:57 pm
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
Getting my info verified by a Doctorate sounds a bit scary, whilst my qualification is specialised and takes time to obtain I wouldn't consider that it is a degree equivalent. My prospective employer is going to speak to an attorney, maybe they will be able to provide advice on whether the case is a good one or not.
I had the same issue 8 years ago. My 14 years of experience apparently was the same as a Batchelors - so said a professor in NY. I was happy.
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Old Apr 19th 2011, 6:08 pm
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Default Re: Too late to file for H1B?

Originally Posted by speedtriple View Post
Ray,

Thanks for that. It might be possible then, I have 4 previous employers and I have a very good relationship with all of them so a good employment reference history will be easily obtained. Is there a template for the layout/style of the reference that USCIS require?
To my knowledge there is no template. I started with my cv for the 12 years. Concentrated on showing progression, the skills gained at each step and the specialist knowledge I had gained.
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Old Apr 20th 2011, 11:38 am
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Default Re: Too late to file for H1B?

All

Thanks very much for your replies, what a great forum!

RayM,

Good luck with the H1B and keep us updated on how you get on.

I'm waiting for my prospective employer to get back to me and I'll keep people advised on progress.

Cheers
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