H2B Application

[JamieMac 0]

Hi There. My names Jamie and i'm looking to begin the whole process of applying for a visa into the US.

Basically though I dont really know where to begin so I will just share with you whats happened so far. First of all my main reason for moving is to be with my long term american girlfriend. I havent applied for a visa before though and am not entirely sure which is the best for me. I chose a H2B as it seems the most likely to get as it best describes me. Im an unskilled worker with no degree and looking to get a specific job in a specific state and city.

So... whats happened so far is, I started thinking about this late last year and read on the US visa site that you can obtain a company transferee visa if you have been with the company for more than a year. In may of this year it will have been 1 year working for the company so I asked my boss about the possibility. I work for RGIS, a stock and inventory company ( who are American) so thought I could easily transfer but after we spoke to the company HR they told me it was not possible to conduct a transfer (unless I was high up in the company, figures). They have however told me they will support any attempt I make in the future to obtain a visa. This is all at my local branch of the company, which happens to be in Cardiff, Wales.

So now I am at a brick wall really. I want to try and start a visa application but i really dont know where to begin and all I get from the London US embassy is a switchboard and no way of speaking to a human, which is irritating. I really am just looking for the option that will give me the best chance of getting into the US. I personally think it would benefit me calling the branch of the company in Texas that i would be moving too to see what assistance if any they can provide for me, since at this point they have no idea that i am trying to transfer there. I just think before calling them I should have a basic understanding of what visa I will be working under.

Some side notes are, I have chosen a H2B temporary worker visa, but I fully intend to become a permanent resident in the US. I just figure that i would get a visa to get in to the country and then apply for a permanent visa whilst in the country, I dont know if thats the best way of proceeding though. I also have a lawful permanent resident of the US who would sponsor me.

FInally then, I apologise if you've read through that wall of text, but i do appreciate it, but now I need your help and/or advice.

What do i do next, should I apply for the visa then contact the particular branch of the company asking if they will sponsor me? Or would it be best to see if they will help me/ hire me first before moving on with the application... OR am i going about this in the wrong way? should I try a different visa?

Any answers given are very much appreciated, I will check back here regularly as ive taken some time to read some other posts and this community seems fantastic in helping each other out, we're all in the same boat really : )

Thanks for reading and again sorry for the wall of text, I just wana get as much information across as I can

Jamie McCartney

[kzielu 1,149]

Well, you're choosing about most difficult path to get to US.

First, you don't apply for a work visa - your employer does. So you need to find emploter that is willing to do that first. He and his lawyer will take care of that.

Just note that there's millions of people that would like to come to US to work as well - which should give you an idea about likehood of this happening.

And if your goal is to be with girlfriend, easiest path is to marry her and apply for a spousal visa. No visas for girfriends / boyfriends.

[ricnally 258]

CR1 or K1(as fiance). Read up on both in the guides at the top of the page.

[Boiler 45,322]

If you want to go through the work visa route then I would use your industry contacts to find a US employer who will sponsor you, most people would go for the H1b as it is not seasonal and allows dual intent, both working and wanting to be a permanent resident.

[RhettVoe 281]

Sounds like you are already planning to abuse an H2B by using it to circumvent other processes....a Co will instantly wonder why you wish to abandon your job in the UK merely to do lawn maintenance or change bed sheets or some other very low skilled work...and why you chose a particular city in which to cut grass, etc....and it take somewhere around 3 seconds to figure out the answer. Guess what will be the result of your interview?

[JamieMac 0]

OK so thanks for the answers so far, the K1 visa is interesting and something I would consider, that obviously depends upon my girlfriends answer to the question really. I didnt really intend on proposing over the phone or on skype but if thats the way its got to be, then ok.

The work visa route does seem unlikely as a viable option since i didnt realise it was so popular. but to clear up a misconception there Rhettvoe, I wouldnt be giving up my job to do unskilled work of that nature, my intention is, with the full backing of my current branch, to "transfer" to the San Antonio Branch of the same company. The company operates on 5 continents around the world and has multiple branches across every state in the US. I put transfer in quotations because as i admittedly didnt clearly state above, My boss has said that I cannot get a visa by intracompany transfer, but they will fully support me in applying for the job and basically starting fresh with a different branch. They will help me contact the San Antonio branch, give me a glowing review and try to help convince them to sponsor me.

Because of this thread You guys have taught me that for this visa the company will have to sponsor me and so that answers my question on what to do next. the next move is directly contacting the branch and explaining my situation and seeing if they will do anything to sponsor me. I know they are hiring because the company tends to have a high employee turnover, and I think me having almost a years worth of experience within the company, a permanent residence waiting for me in the US and the fact that ive visited there within the last 2 years, maybe ive still got a chance with this visa... what do you think?

Thank you all so much, please keep the responses coming!

[Boiler 45,322]

If you have the skill set qualifications etc, but remember with a H1b then the first date you could start is 1st October and assuming there is a lottery then you would need to be lucky.

An internal transfer would be quicker,easier and probably cheaper for your employer.

[JamieMac 0]

By the sounds of it you are right boiler, it would be cheaper easier and quicker to go down the intracompany transfer route, but this has been ruled out as a possibility. So that being said, what are the chances of this being a successful application?

[Boiler 45,322]

No idea, only the Employer could tell you that.

[lost_at_sea 995]

There was an allusion to it above, but just to make sure you know it's possible - if you and your girlfriend are serious and are talking marriage, there are paths for fiancés and spouses you could down. Obviously, I'm not suggesting marrying simply to be able to immigrate, but just in case you were not aware of those routes being open to you.

I believe for H1B an applicant must have a degree? I've never been totally clear on whether that requirement is non-negotiable or not (I'm sure Boiler knows).

[Boiler 45,322]

You can substitute work experience, but realistically most jobs that would be sponsored would require at least a degree anyway.

[RhettVoe 281]

In order to get an L1A/B visa (transfer) you would have to either be a manager or executive (L1A) or an employee with unique, specialized knowledge (L1B). Ordinary work, like office work or stocking shelves, etc, does NOT qualify one to be transferred using this type of visa. Your company cannot transfer you using an H2B, and since you appear not have a college degree, that rules out an H1B as well. So what type of visa do you think you qualify for? (BTW, specialized knowledge has to be something extremely unique, and if some ethically challenged immigration attorney fabricates a petition on your behalf making claims about your skills that cannot be proven, then your application will be swiftly denied, and, depending on how 'creative said attorney was, you could be found permanently ineligible for any US visa if fraud can be proven (you cannot blame the attorney; you would be responsible for any malfeasance done on your behalf)...something to think about....

Edited March 7, 2014 by RhettVoe

[Boiler 45,322]

A lot of that is wrong.

[RhettVoe 281]

a lot of what?