Can't get help anywhere I go...

[Mark88 184]

Yes sir, we went to the hotel lawyers first, because they were the only ones we had contact with. They were the first people to tell us that they can't petition it for us because of the whole property he transferred being closed down thing, from then on we went to 4 different ones hoping to get something else, but that wasn't the case. He also cannot get a HB visa because he doesn't have a Bachelors.

Ok, I'm not familiar with that situation, BUT he can get a H1B without a Bachelor. USCIS requires a bachelor degree or it's a equivalent. The regulations specifically state that for H-1B purposes three (3) years of progressive work experience in the field will be considered the equivalent of one year of U.S. university study. So 12 years of work experience in the hotel/hospitality field, or a associates degree+6 years work experience will do give him the basic qualifications for a H1B.

http://www.visapro.com/Immigration-Articles/?a=1453&z=48

[chill4xdude 0]

Ok, I'm not familiar with that situation, BUT he can get a H1B without a Bachelor. USCIS requires a bachelor degree or it's a equivalent. The regulations specifically state that for H-1B purposes three (3) years of progressive work experience in the field will be considered the equivalent of one year of U.S. university study. So 12 years of work experience in the hotel/hospitality field, or a associates degree+6 years work experience will do give him the basic qualifications for a H1B.

http://www.visapro.com/Immigration-Articles/?a=1453&z=48

He has more than 12 years of work experience in his field, he has no associates either. Will that still be an option or no? And can we apply for this ourselves or the hotel lawyers must do it?

[chill4xdude 0]

hmm, i was just reading up about it. they said petitions for people without a degree for an H1 rarely get accepted.

[Mark88 184]

He has more than 12 years of work experience in his field, he has no associates either. Will that still be an option or no? And can we apply for this ourselves or the hotel lawyers must do it?

As you read, he can. In his case, I would let a lawyer handle it.

hmm, i was just reading up about it. they said petitions for people without a degree for an H1 rarely get accepted.

You better have a good lawyer then.

[kzielu 1,153]

the whole situation didn't make sense to us so that's why I came on here hoping to get some advice because one would think that after being in this country for almost 10 years it wouldn't be so difficult to get AOS....

Again - you are not understanding that whether he was here a year or 10 years, it has nothing do with being able to AoS. He has to be petitioned for green card. Until he does, once your work visa expires, you'll have to leave.

[kzielu 1,153]

He has more than 12 years of work experience in his field, he has no associates either. Will that still be an option or no? And can we apply for this ourselves or the hotel lawyers must do it?

Employer have to petition you. And again - H1B is temporary work visa. No green card petition after it's done you either have to leave, figure out different visa (your option will be limited) or be out of status.

[chill4xdude 0]

Thanks guys.

Looks like i'm heading back to where I came back. Great.

Big Bad America

[Boiler 46,201]

L's do not get much coverage here.

And the OP can do do detailed research, or perhaps her Parents. So this is what I understand:

Temporary work Visa for max of 5 or 7 years depending on category, as she has been here 6 then that suggests a Manager role.

To stay longer then the the Employer would need to petition for a Green Card, could have been done on Day 1 so presumably it was always when not if they were going back.

So we are dealing with a multi national Hotel chain with operations world wide. The one in Saint Lucia closed down.

The only get out I can think of is that they have other overseas operations and that might save the situation. I seem to remember reading about this but no idea when or where. It is still a company with overseas operations if not in the Country he came from.

Still does not allow adjustment to resident but may allow adjustment to F1, Student.

[chill4xdude 0]

L's do not get much coverage here.

And the OP can do do detailed research, or perhaps her Parents. So this is what I understand:

Temporary work Visa for max of 5 or 7 years depending on category, as she has been here 6 then that suggests a Manager role.

To stay longer then the the Employer would need to petition for a Green Card, could have been done on Day 1 so presumably it was always when not if they were going back.

So we are dealing with a multi national Hotel chain with operations world wide. The one in Saint Lucia closed down.

The only get out I can think of is that they have other overseas operations and that might save the situation. I seem to remember reading about this but no idea when or where. It is still a company with overseas operations if not in the Country he came from.

Still does not allow adjustment to resident but may allow adjustment to F1, Student.

You got it exactly right.. we got screwed because we were told we had to be here 3 years then the company could have petitioned for us..

[chill4xdude 0]

It sucks that this is what's happening to be honest, just because of a stupid clause. I love america I don't want to leave, or my parents.

[Mollie09 1,543]

You got it exactly right.. we got screwed because we were told we had to be here 3 years then the company could have petitioned for us..

Those are two different things. According to USCIS, your parents could have been petitioned immediately, but some companies have clauses of how long employees have to have worked with them to be sponsored.

[aaron2020 11,651]

Big Bad America

Yes, we are big and bad. That's why you want to stay here.

[chill4xdude 0]

Those are two different things. According to USCIS, your parents could have been petitioned immediately, but some companies have clauses of how long employees have to have worked with them to be sponsored.

Yup, I think that's what it is.

Anyways, thanks for the help guys! Really appreciate you guys taking the time to help.