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-   -   H1-b Visas (https://britishexpats.com/forum/usa-57/h1-b-visas-322836/)

London7 Aug 29th 2005 4:42 am

H1-b Visas
 
Hello!
Could anyone enlighten me on the process of obtaining this visa?
I would like to hear from anyone who has applied, and how long the process takes from the job offer to visa.Also, can spouse apply for H1-B in their own right, as I understand a spouse cannot work.
Any info appreciated.cheers! ;)

USBound Aug 29th 2005 5:00 am

Re: H1-b Visas
 
I got the job oct 20th ish 2003, accepted on Nov 5th, VISA application went in directly (expedited) I had my VISA in my hand by Jan 26th and was in LA on JAn 29th of 2004. This was however a VERY costly method of doing it, the expediting cost an extra $1000 but the evidentiary side of things cost LOTS of money in lawyers and other details to which I was not privvy. Total cost of me moving out here from england was ~$90k

Also, I just nipped in under the H1B lockdown for the year. They issue a limited number of H1B VISA each year and that limit is low (~65k) and is chopped up by different countries being alloted them etc etc. I'm not privvy to the details but I believe europe gets around 58k H1b VISAs per year. This years (Oct 2005) allotment is already gone so if you were to get a job they would have to wait until NEXT october (applications accepted in April) before you could get a VISA. There are other applcation methods (J1, L1 etc ) but if you're already looking into H1B then I'm guessing thats all thats available.

Getting into the US is NOT as easy as it is seen to be from the UK side.

andy

AdobePinon Aug 29th 2005 5:14 am

Re: H1-b Visas
 

Originally Posted by USBound
This years (Oct 2005) allotment is already gone so if you were to get a job they would have to wait until NEXT october (applications accepted in April) before you could get a VISA.

Depends on who the potential employer is. Educational, non-profit, and (I think) federal government have no limit. Spouse can apply for one, but he/she must go through the identical process with his/her employer, and the fact that one of you gets a visa has absolutely no bearing on whether the second visa comes through. I also don't know if you can apply for an H-1B and an H-4 for the same person at the same time.

Bob Aug 29th 2005 3:28 pm

Re: H1-b Visas
 
There's a visa section to this site where you'll get more info...and read through www.uscis.gov

But this year, unless your in a certain occupation that's exempt from the quota, you've pretty much missed the boat this year and would have to apply next year...so be a long ways yet before you could get it, and the spouse, unless got own work visa, would get an H4, which your right, wouldn't allow them to work.

dbj1000 Aug 29th 2005 4:21 pm

Re: H1-b Visas
 
My timeline is very similar to USBound's:

Job offer early February 2003
Visa May 2003 (application accelerated)

I must say, it didn't cost my company anything even close to $90k, but it was expensive all the same. We all underestimated how much the actual relocation would cost!

As others have said, unless you're in an exempt employment class, you've missed your opportunity for this October's H1B quota, and will have to apply in April of next year for October 2006.

Also, unless your wife has a similarly skilled job category to yourself, and can find her own employer to sponsor her own H1B visa, she'll be stuck with an H4 visa and no way to work out here.

The company looking to sponsor you really needs to do the work for you here. They need to talk to an immigration lawyer before you go any further, and they shouldn't expect you to foot the bill, or have to find the information out yourself, in my opinion.

Bob Aug 29th 2005 5:09 pm

Re: H1-b Visas
 

Originally Posted by dbj1000
The company looking to sponsor you really needs to do the work for you here. They need to talk to an immigration lawyer before you go any further, and they shouldn't expect you to foot the bill...

It's also the law that the company pays the fee's.

Anyway, so without knowing the type of job, it's all a ute point, be even a bigger mute point if he didn't have a degree or the experience required to make up for it.

London7 Aug 29th 2005 6:12 pm

Re: H1-b Visas
 

Originally Posted by Bob
It's also the law that the company pays the fee's.

Anyway, so without knowing the type of job, it's all a ute point, be even a bigger mute point if he didn't have a degree or the experience required to make up for it.


hi again!
he is she , i am a UK lawyer currently studying to be an attorney in Washington.
i am a Permanent Resident of Canada,living near the border, and may consider commuting, which is common here.
thanks for the advice so far anyway, looks promising. ;)

Bob Aug 29th 2005 9:26 pm

Re: H1-b Visas
 

Originally Posted by London7
he is she , i am a UK lawyer currently studying to be an attorney in Washington.
i am a Permanent Resident of Canada,living near the border, and may consider commuting, which is common here.
thanks for the advice so far anyway, looks promising. ;)

Get canadian citizenship, and then it'll be easier with nafta perhaps.

pdamiant Aug 30th 2005 1:44 am

Re: H1-b Visas
 

Originally Posted by London7
Hello!
Could anyone enlighten me on the process of obtaining this visa?
I would like to hear from anyone who has applied, and how long the process takes from the job offer to visa.Also, can spouse apply for H1-B in their own right, as I understand a spouse cannot work.
Any info appreciated.cheers! ;)

It took my employer 5 months going the standard route, but that was before sept 11.

Paul S Aug 30th 2005 7:49 am

Re: H1-b Visas
 
I'e been talking to what will (hopefully) become my new employer for a couple of years now about the move.
They got the ball rolling earlier this year (around March/April), had to get my past work experience evaluated as i don't have a degree but have been working in a specialist area for the last 15 years.
The application was submitted early June and approved at the start of August. Off to London on the 8th September for the stamping :scared:

Paul

Francisco Aug 30th 2005 5:52 pm

Re: H1-b Visas
 

Originally Posted by Paul S
Off to London on the 8th September for the stamping :scared:

Paul

Paul, we went to London on 12th August for the embassy interview. It is very boring, about 700 people all have appointments for 11.00. So my advice is take something to read, and possibly a picnic, and a pillow for a sleep!
We waited 45 minutes to submit our papers and passports, and give your fingerprints, then sat back down for a further 2 hrs 45 minutes. Our 'interview' consisted of a brief chat for 5-10 minutes, followed by 'OK, thats fine, your passports will be returned to you'. You then pay for the courier service to return your passport, my husband had already booked a business trip to the US for the following weekend, so they marked ours urgent. That was on the Friday, we had the passports back with the visas stuck in the following Wednesday, which I thought was pretty damn good.

I am on a H4 visa as the spouse, the applications for me and our son were all done at the same time. So I can't work until we get a green card, which might take a few years so will have to be a lady of leisure for 3-4 years. How terrible, don't know how I will cope........

Paul S Sep 11th 2005 3:19 pm

Re: H1-b Visas
 

Originally Posted by Francisco
Paul, we went to London on 12th August for the embassy interview. It is very boring, about 700 people all have appointments for 11.00. So my advice is take something to read, and possibly a picnic, and a pillow for a sleep!
We waited 45 minutes to submit our papers and passports, and give your fingerprints, then sat back down for a further 2 hrs 45 minutes. Our 'interview' consisted of a brief chat for 5-10 minutes, followed by 'OK, thats fine, your passports will be returned to you'. You then pay for the courier service to return your passport, my husband had already booked a business trip to the US for the following weekend, so they marked ours urgent. That was on the Friday, we had the passports back with the visas stuck in the following Wednesday, which I thought was pretty damn good.

I am on a H4 visa as the spouse, the applications for me and our son were all done at the same time. So I can't work until we get a green card, which might take a few years so will have to be a lady of leisure for 3-4 years. How terrible, don't know how I will cope........

Well that was actually a pleasant experience!

Appointment at 10am, rolled up at 9 and they let us in :eek: . Waited for 20 minutes and were called up for the fingerprints and documentation. 50 minutes after that we had the sub 2 minute interview which was fine :D

In and out within 90 minutes, which was nice :rolleyes:

Passports to follow in about 5 days

Should be heading out at the end of the month :cool:

Paul

Francisco Sep 11th 2005 4:57 pm

Re: H1-b Visas
 

Originally Posted by Paul S
Well that was actually a pleasant experience!

Appointment at 10am, rolled up at 9 and they let us in :eek: . Waited for 20 minutes and were called up for the fingerprints and documentation. 50 minutes after that we had the sub 2 minute interview which was fine :D

In and out within 90 minutes, which was nice :rolleyes:

Passports to follow in about 5 days

Should be heading out at the end of the month :cool:

Paul

You did well! Most of the people I spoke to beforehand had a long wait so you were lucky, well done. Hope the move goes well.

We are trying to sell out house (what fun too) but plan to move to New Jersey (Chatham) during half term week in October.

Elvira Sep 12th 2005 2:47 pm

Re: H1-b Visas
 

Originally Posted by Francisco

I am on a H4 visa as the spouse, the applications for me and our son were all done at the same time. So I can't work until we get a green card, which might take a few years so will have to be a lady of leisure for 3-4 years. How terrible, don't know how I will cope........


Not strictly true - you can apply for EAD (employment authorization) when you APPLY for the green cards. Usually takes 2-3 months at that point. (Though in our case it took 3.5 years to get to the point where we could apply for our GCs... :()

HTH!

Paul S Sep 13th 2005 4:48 pm

Re: H1-b Visas
 

Originally Posted by Francisco
You did well! Most of the people I spoke to beforehand had a long wait so you were lucky, well done. Hope the move goes well.

We are trying to sell out house (what fun too) but plan to move to New Jersey (Chatham) during half term week in October.


Passports arrived this morning with nice VISA's inserted ;)
and to make it even better I was told today the offer made on our house was confirmed as the buyers survey checked out fine. So looks like its all go now :D :D
I'm heading off in about 2 weeks and my wife will follow in mid-October :cool:

Hope your sale goes through fine

think i'm off for a :beer: to celebrate

Paul


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