H-1B visa - do I stand a chance? (non-profit sector)

[Injie 1]

Hello.

I’ve posted some messages on another page on this site regarding the I-130 etc, as I am married to a US permanent resident.

I’m also looking into the H-1B employment visa. I know this is a long shot. So I need to be realistic. Please can anyone give me some advice? OK, I’ll explain my situation.

Let’s start with the bad news:

- I do not have a degree or any real “specialist” skills.

And the good news, if there is such a thing after that very bad news:

- I have lots of good and interesting experience (and have for a number of years worked as an equal alongside those with masters degrees and PhDs, so I guess I’m not so stupid).

- Apparently this experience and my limited UK education can be measured by some equivalency assessment?

- I have worked in the non-profit sector for several NGOs and charities in recent years, and I understand that there are fewer limitations in terms of the H-1B visa quota on jobs in the non-profit sector?

So what’s the verdict? Do I stand a chance? Should I just give up and wait a few years on the I-130 route?

Thanks in advance.

Inj

[canadian_wife 1,822]

Do you have a job lined up in the US? The employer petitions for a H1B visa, not the employee. The deadline for this year was April 1 but I heard that there may still be some available.

Good luck.

[Old Dominion 26]

Generally, you must have skills that are in short supply in the US for an employer to obtain a visa for you. Non-profit work here attracts a great many highly motivated men and women, most with appropriate university degrees and some who seek a second career. There are at present more eligible employees than there are job openings in the non-profit field, partly because non-profits are taking a beating in this economy.

[Injie 1]

Thank you both,

Yes, I always thought that the employer petitions for the H-1B visa, not the employee. But a lawyer said he could do it and I just have to ensure a potential employee that a lawyer has guaranteed that he can get me a visa within x-amount of weeks upon the offer of a job. I guess this is unusual? In this case the employer just has to support the application, but I would pay the fees, thereby making the employer more inclined to offer me the job if I’m taking responsibility for the visa situation? Looks realistic (to me) on paper, but in practice I'm not so confident.

Sincerely,

Inj

[English Muffin 59]

Thank you both,

Yes, I always thought that the employer petitions for the H-1B visa, not the employee. But a lawyer said he could do it and I just have to ensure a potential employee that a lawyer has guaranteed that he can get me a visa within x-amount of weeks upon the offer of a job. I guess this is unusual? In this case the employer just has to support the application, but I would pay the fees, thereby making the employer more inclined to offer me the job if I’m taking responsibility for the visa situation? Looks realistic (to me) on paper, but in practice I'm not so confident.

Sincerely,

Inj

This happens quite a lot, but I'm afraid it's usually a scam. There are lots of 'visa agents' that claim to be lawyers and say that they will get you a H1B for a fee. You won't get the visa or the fee back.

[Trompe le Monde 1,107]

What it all boils down to is your future employer's willingness and determination to sponsor you, but they will have to overcome yur lack of degree by proving that your work experience to date is equivalent to degree work, which may be difficult.

[Injie 1]

Hi,

Thanks to you both for your thoughts on that. I had been wondering whether or not it was too good to be true. Especially considering that the lawyer gave me some wrong advice regarding the I-130 / NR1 (he overlooked that my wife is a permanent resident, NOT a citizen, and told me it would take about a year to get a marriage visa, not the five years that I’ve since found out it will be). Please note, this consultation happened in summer 2008, before I got married. For personal reasons, my wife and I have been slow to pursue the visa situation until recently.

So anyway, since my last posting here, and before reading your replies, I sent this “immigration attorney” an email to point out the resident/citizen mistake and mentioned also that I was having doubts about what he had told me about the H-1B. I was curious to know what response I would get. I received this reply:

“You need to be properly informed and updated as to H1-b's in general---both for profit and non profit-and as to your other issues of concern. It would therefore be a good idea to schedule a proper phone consultation.”

Okay I need an update, but I thought he had already informed me in summer 2008.

When I mentioned that I wasn’t in much of a position right now to pay for further consultations, but nonetheless asked how much (out of curiosity to see if he would address my concerns regarding what he had told me or if he was trying to just get my money), he replied: “Usually its $350 but as we already had one..we can do for $175.”

Yeah, right. No thanks.

So, any suggestions on how I should respond to this email? Or do I just ignore it? I don't know if he is a scammer, but I am curious to put him on the spot to find out.

Incidentally, this is what he wanted to charge for getting me an H-1B:

Lawyer fees $3,500

US government filing fee $320

Anti-fraud fee (?) $500

Education evaluation assessment $350

He seems keen to have consultations by phone rather than meet in person, and I note that his address is not very prominent on his website. Unfortunately, this lawyer’s details were given to me by another lawyer (but not an immigration specialist, although someone I trust based on known experience) along with the names of several other immigration lawyers whom she found out about for me (although she said she didn't know them personally). I chose this "immigration attorney" over some others because I had to return to the UK and didn’t have much time, and he suggested a phone consultation after I returned to the UK.

Very curious to know what others make of all this. I hope I’ve not been too naïve.

Thank you.

Inj

[English Muffin 59]

You CANNOT get your own H1B, it has to be applied for by an employer. Someone's trying to scam you.

Visa Journey is geared very much towards family based visas and the bulk of the knowledge here is in that area. Try posting your questions at http://britishexpats.com/forum/forumdisplay.php?f=34

The people there are much more knowledgeable about H1Bs and there are even a couple of immigration attorneys who regularly post over there.

[Injie 1]

Thank you for that information and for taking the time to write once again. It seems I made a mistake. I didn't know anything about this situation, so I sought the advice of an "expert". It seems he told me what he thought I'd want to hear, and is still happy to take more money. And this is all carried out legally in the name of "law"? We were thinking that my wife might move to the UK. The Citizens Advice Bureau were incredibly helpful - an immigration specialist at CAB gave me all the information very clearly about marriage visas etc etc. And it didn't cost a penny. In the US it seems you have to buy information and even "lawyers" will take you for a ride.

I will go to the website you suggested. But I still want to respond to that "immigration attorney". I am trying to think of the best response. Actually, I want to find out for sure, and then type his name and website URL here as a warning to others!!!

Meanwhile, although it might sound like a flippant response, but seriously, my wife's gonna kill me! What are we going to do? This is a nightmare.

[English Muffin 59]

There are people over at the website I gave you a link to who are very knowledgeable on H1Bs, a lot of them are actually over here on that visa. I would start a thread over there like this one and you will get some very good advice.

Best of luck with everything.

[Injie 1]

Thank you. This site - the people who frequent it - have been such a great help. Much appreciated. Best of luck to you, too.