Options for Work Visa

[Henley1989 10]

Hi There,

Im in a bit of a unique situation so looking for some help. Im currently employed at a London based company and I am in the States working on a B1 in Lie of H1 visa for a year.

The plan is to return to the UK and gain some managerial experience so that I can then apply for an L1 visa. Whilst here in the States I received interest for another job with an American based company which I would like to take. However we are having difficulty finding a visa I can apply for. As far as I understand it:

- The L1 is only for an inter company transfer - so this is invalid

- I cannot apply for another B1 as you have to be paid by a foreign branch of the company

- I can apply for an H1b but i don't have a college degree. I have only 5 years experience with my current company.

Is there any other way the American company can hire me? I wouldn't mind any options/visas.

Thanks

L Sinyor

[kzielu 1,149]

First - you don't apply for work visa, your company does. So talk to them and if they're not willing to do that (and next time you can get H-1B if you are eligible would be October 2014) you can probably forget about this job.

Only other way is have them sponsor you for an employment based green card, but if they're not willing to sponsor you for work visa they're unlikely to sponsor you for a green card.

[Henley1989 10]

First - you don't apply for work visa, your company does. So talk to them and if they're not willing to do that (and next time you can get H-1B if you are eligible would be October 2014) you can probably forget about this job.

Only other way is have them sponsor you for an employment based green card, but if they're not willing to sponsor you for work visa they're unlikely to sponsor you for a green card.

Thanks. The company are dying to get me on board. Ive already discussed with them and im sure they would do/pay anything for me. Im just doing some prelim research as I know options are limited. The green card through a job offer is definitely an option. I will ask them about this, but im sure it take a heck of a long time?

[Owen_London 65]

Hi There,

Im in a bit of a unique situation so looking for some help. Im currently employed at a London based company and I am in the States working on a B1 in Lie of H1 visa for a year.

The plan is to return to the UK and gain some managerial experience so that I can then apply for an L1 visa. Whilst here in the States I received interest for another job with an American based company which I would like to take. However we are having difficulty finding a visa I can apply for. As far as I understand it:

- The L1 is only for an inter company transfer - so this is invalid

- I cannot apply for another B1 as you have to be paid by a foreign branch of the company

- I can apply for an H1b but i don't have a college degree. I have only 5 years experience with my current company.

Is there any other way the American company can hire me? I wouldn't mind any options/visas.

Thanks

L Sinyor

Is it legal to work in the states for a whole year just using a B1? The visitor visa isn't for working in the USA on a temporary basis. That's what the H and L visas are for, wherever your actual pay is coming from. I'm wondering what would happen if USCIS decided that you'd been misusing the B1 visa, if or when you do come to apply for a L1 or H1B visa. I hope you don't have a problem.

This is the link for the B1 visa: Here

It gives these examples of things you can do on a B1:

"Consulting with business associates

Traveling for a scientific, educational, professional or business convention, or a conference on specific dates

Settling an estate

Negotiating a contract

Participating in short-term training

Transiting through the United States: certain persons may transit the United States with a B-1 visa

Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa"

However, to answer your actual question, USCIS list this as an option on the H1B visa page: "Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**" Then "**For more information see 8 CFR §214.2(h)(4)(iii)©." It previously states that the job would need to normally require a degree to perform it, though, so I suspect you'd need to be pretty special to qualify by experience alone, especially after only five years.

Link: Here