Hi guys,
I'm new to this site, was given the address by a friend of mine, he said maybe one of you guys could advise on my situation.
At the moment I'm living in the US on a J1 visa which is due to expire at the end of September this year. I have recently been offered a great job opportunity with a company who want me to start in 4 weeks time. They said they would 'sponsor' any work permit I needed and have sent me a written confirmation of the job offering, however, they said I was to sort the visa out myself.
So my questions are;
A) where do I start,
and
B) can it be done in time
I guess you must get asked this question all the time, but any help or advise anyone has will be greatly appreciated.
Many Thanks in advance
The Sheriff
Not an expert
I think you may need to return to the UK at somepoint to process your application at the US embassy there. I recall this was what a friend of mine had to do a few years ago. It might be possible that you can do something similar in Canada.
I think the most sensible course of action is to find a good immigration lawyer - who will help you through the process at the quickest speed. I think your biggest challenge will be getting an early appointment so that you application can be processed quickly.
I second the immigration lawyer advice. If speed rather than cost is the main factor, it's the only way.
Here's some info http//uscis.gov/graphics/services/residency/employment.htm
Although the greencard process has speeded up recently, I think 4 weeks is pretty much impossible, especially given that you have to go through labor certification first. Sometimes it takes that long to get a fingerprinting appointment. Is it a job for which you personally have unique/specialized knowledge/training?
Non-immigrant types of visa are listed here http//uscis.gov/graphics/services/visas.htm
These are generally faster but it seems to me the only applicable non-immigrant type would be an H visa and I think there are a limited number of these available each year, so you may not be able to get one quickly.
Completely agree, get a good immigration lawyer, it will definitely be worth it.
Thanks Guys I appreciate your advise.
If someone could recommend a good immigration lawyer that would also help a bunch.
Once again, thanks for your help and I'll let you know the outcome
The Sheriff
When I needed one, I picked one local (within 30 miles) to where I was living. He was a pick from the phone book, under Immigration Attorneys but charged next to nothing for the initial visit and was a partner in a big company that worked in the state capitol.
I'd recommend that approach from experience. A specific recommendation would be ideal but this is a huge country and you didn't share which state or city you are located in.
They certainly cost a lot and are not necessarily essential but do know the ins and outs and a few lawyer "tricks" that us laymen are not aware of. I was glad to have mine at the outset but towards the end, I could sense that he was no longer needed.
Thanks for that, I live in Florida at the moment and have found an attorney that deals with immigration just a few miles from where I live, so I'll be giving them a call tomorrow to schedule an appointment to meet with them.
Someone else told me about an temp. 1 year permit, just to get me going by filling in an I-765 Application for Employment Authorization
Anybody tried this or heared of it before. The web address is below.
Once again, thanks for taking the time to help.
Best wishes
http//uscis.gov/graphics/formsfee/forms/i-765.htm
This is what the lawyer will help you get. However, if you don't have one you won't be able to work legally. Having apllied for one is not the same as having one.
neutral
I think you may have to go home to appy too. Try ilw.com for lawyers and more info. Beware the forum can be a bit brutal but they have good solid advise.
I did the same as you are trying - J1 to H1B. My understanding of it at the time was that it has to be the employer who applies - not you. They also have to pay for all the processing and stuff, not you.
We originally looked into getting me a green card, but the immigration attorney suggested the H1B. I was lucky that the allocation was not met yet that year, so I applied, got approved and then flew back to the UK for 2 weeks to get everything done. That was almost 5 years ago though so things might have changed.
I caution you against working for a company who have no interest in the immigration process. It is long and difficult and will require their help and their cooperation (2 weeks of vacation to go home and get a visa is not usual protocol). Once you have a visa, if it's the H1B you will be stuck with them for the length of the visa and unable to take on any other form of employment, even part-time. This was difficult for me and I feel the company I worked for took advantage somewhat because they knew I was stuck with them.
I agree with everyone else that an immigration attorney needs to be your first step, but beware - they are expensive!
Stel.
we just decided on our immigration lawyer,
he said the fees are around $2,500 plus a couple hundred more for other stuff,
i thought it sounded reasonable,
what did y'alls pay????
natt
we just decided on our immigration lawyer,
he said the fees are around $2,500 plus a couple hundred more for other stuff,
i thought it sounded reasonable,
what did y'alls pay????
natt
Probably around $3,000 in total for the adjustment from H1B to green card.
Stel.
Thanks Stel,
Good to know someone has done what I'm trying to do. With regards to the company, they have basically said they would do the paperwork, but I must sort the whole process out (and pay the fee).
The immigration attorneys I'm think of using are
http//www.myimmigrationlawyer.net/ImmigrationLawyerPricing.html
Anybody had any good or bad experiences with them.
Once again, many thanks guys,I appreciate all your help.
I would agree with Stelesque regarding the employer's attitude towards the visa. If the company really, truly want you, someone who is patently not from the USA, then they must accept that you come with a price, and that price is support with getting the visa. What if they change their mind in a year or 6 months or two years? You are stuck with the financial burden, and no company to support you through the visa application process. And no job....
A South African friend went through the process recently, and reckoned, on receiving his green card, it had cost him in the region of $16,000 in lawyer's fees and application fees. He wanted to move here permanently from South Africa, so it was worthwhile investment for him.
While you are working for the company on the H1 visa, you cannot move jobs and take the H1 visa with you. It is only applicable to that job and that company.
Whatever happens, good luck. I hope you get the job you want, and I'm sorry to be such a purveyor of doom and gloom (or caution, depending on how you look at it) )