US job offer and visa confusion!

Old Feb 1st 2012, 4:14 pm
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Default US job offer and visa confusion!

Hi there,
My husband has been asked by a company in the California to apply for a job with them, he is very well skilled in their area of business and the have worked with him for a few years with his job in the uk.
However on reading the visa details H-1B it says he needs a degree to obtain this visa, he doesn't have this but he does have numerous years experience in his field.
Is this coupled with a job offer enough to gain the visa or are we out of luck without a degree?
I have read the various links and idoits guides to visas but have found them to be slightly contradictory.
Thanks!
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Old Feb 1st 2012, 4:57 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Hi there,
My husband has been asked by a company in the California to apply for a job with them, he is very well skilled in their area of business and the have worked with him for a few years with his job in the uk.
However on reading the visa details H-1B it says he needs a degree to obtain this visa, he doesn't have this but he does have numerous years experience in his field.
Is this coupled with a job offer enough to gain the visa or are we out of luck without a degree?
I have read the various links and idoits guides to visas but have found them to be slightly contradictory.
Thanks!
I believe experience can be used in lieu of a degree. The ratio is 3 years work experience per year of degree. So a Bachelor's Degree is 4 years. He needs 12 years of experience to make up for his lack of a Bachelor's Degree.

He can certainly turn all his qualifications in to the employer, and let the employer's immigration attorney decide if he will qualify for the visa. The employer needs to start by submitting a petition. If he doesn't qualify for the job/visa in the first place, they won't submit the petition.

Rene
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Old Feb 1st 2012, 5:00 pm
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Default Re: US job offer and visa confusion!

Thank you so much.
He has been in effect 'head hunted or 'poached by the company in California for his knowledge. He has submitted his CV and is due to have a meeting to talk about relocation, the job role and renumerancy.
Cross your fingers for us!
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Old Feb 1st 2012, 5:04 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Thank you so much.
He has been in effect 'head hunted or 'poached by the company in California for his knowledge. He has submitted his CV and is due to have a meeting to talk about relocation, the job role and renumerancy.
Cross your fingers for us!
The job needs to be of a type generally requiring a degree. You haven't stated what it is. Your spouse, for example, might be a wizard at rebuilding Porsche 911 engines and can do it blindfolded, but this would not lead to an H1b visa.
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Old Feb 1st 2012, 5:10 pm
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Default Re: US job offer and visa confusion!

He works in the aerospace industry, he currently deals with landing gear and the processes involved in life critical parts.
Its the second time this company have asked him if he would be interested in the post, which is a project management role (he mentioned something about lean sygma? But to be honest it went way over my head)
I'm guessing its a role that would usually require a degree over there?
On a side note the company have taken on other people from various parts of the world so I'm hoping they have a vahue idea of what is what.....
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Old Feb 1st 2012, 5:30 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
He works in the aerospace industry, he currently deals with landing gear and the processes involved in life critical parts.
Its the second time this company have asked him if he would be interested in the post, which is a project management role (he mentioned something about lean sygma? But to be honest it went way over my head)
I'm guessing its a role that would usually require a degree over there?
On a side note the company have taken on other people from various parts of the world so I'm hoping they have a vahue idea of what is what.....
The application will assuredly be done by an immigration lawyer, who will need documentation of all your spouse's education and experience to make a call on it. But it sounds hopeful.

Probably time for you to start looking at your status as a spouse on the H4 visa -- it's known as the misery visa here.
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Old Feb 1st 2012, 5:43 pm
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Default Re: US job offer and visa confusion!

Originally Posted by fatbrit
The application will assuredly be done by an immigration lawyer, who will need documentation of all your spouse's education and experience to make a call on it. But it sounds hopeful.

Probably time for you to start looking at your status as a spouse on the H4 visa -- it's known as the misery visa here.
Oh dear...that doesn't sound good..... I thought I would be the easy bit (so to speak)
I'm not planning on working as we have a 8 yr old son.
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Old Feb 1st 2012, 5:52 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Oh dear...that doesn't sound good..... I thought I would be the easy bit (so to speak)
It sounds possible to me. I've seen others posting here who were able to overcome the lack of degree by showing experience instead. The difficult part might be contacting all his previous employers to have them provide documentation on how he progressively improved in his field over time, leading him to the position he has today. I guess if he only worked for a couple of employers, might not be too bad. But if he worked for dozens...well, then he'll just have to do the legwork involved. Wait and see what the company immigration attorneys ask of him, and go from there.

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Old Feb 1st 2012, 6:33 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Oh dear...that doesn't sound good..... I thought I would be the easy bit (so to speak)
I'm not planning on working as we have a 8 yr old son.
It's not so difficult- everyone who has gone through visa applications has to provide employment and education details - sometimes several times over.

You just need to get all the information together and present it in a way to show progression and increased responsibility throughout his career.
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Old Feb 1st 2012, 6:36 pm
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Default Re: US job offer and visa confusion!

Thank you everyone.
I'll keep you posted as to how we progress.
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Old Feb 1st 2012, 7:54 pm
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Default Re: US job offer and visa confusion!

no reason why its not possible. I was in a similar boat when I got approached 7 years ago. All of my qualifications (no degree) and work experience/background (17 years) were presented to a professor at a university over here who wrote up a document that was used as evidence for the application
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Old Feb 1st 2012, 8:54 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Oh dear...that doesn't sound good..... I thought I would be the easy bit (so to speak)
I'm not planning on working as we have a 8 yr old son.
The misery bit just applies tomthe factbthat you can't work, so if you don't intend to anyway then that should work out fine for you :-)
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Old Feb 1st 2012, 9:12 pm
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Default Re: US job offer and visa confusion!

With no university time, would need 12 years documented and relevant experience showing career progression.

Also the company won't be able to apply till April for a October start, so there's plenty of time for their lawyer to get the ball rolling.
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Old Feb 4th 2012, 8:30 pm
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Default Re: US job offer and visa confusion!

Originally Posted by Bob
With no university time, would need 12 years documented and relevant experience showing career progression.

Also the company won't be able to apply till April for a October start, so there's plenty of time for their lawyer to get the ball rolling.
Hi bob,
We now have a job offer firmly on the table, however am I right in thinking that the visa request has to come from their end? As in we can't apply for it (or we shouldn't apply for it)
Sorry for a further question on this!
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Old Feb 4th 2012, 8:34 pm
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Default Re: US job offer and visa confusion!

Originally Posted by hoping2go
Hi bob,
We now have a job offer firmly on the table, however am I right in thinking that the visa request has to come from their end? As in we can't apply for it (or we shouldn't apply for it)
Sorry for a further question on this!
They have to apply for it. And as Bob said, if it's a H1B, they cannot apply until 1st April, for an October start.

You'd be on a H4, so would be unable to work on that visa. Have a good hunt around the forum for things to ask for in the contract/relocation package - the main one would be to get in writing that they'll apply for green cards for you by a certain date, in case you decide you want to make the move a permanent one.

HTH, good luck.

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