Simple question on H1-B

S

SmokinJoeCrack

Registered Users (C)
I've been looking for answers to my questions for two days now and I still didn't find a clear answer. Hope someone can help me out here

I am a Dutch citizen currently living in Cairo, Egypt. I am travelling to Phoenix, Arizona in 2 months in order to find a job over there.

If I want to work on H1-B, should I go there on the Visa Waiver Program, find an employer, and then return to Egypt/Holland and file for the H1?

Or should I go there on a B-2 visa and adjust status when I find an employer? (Do I have to return to my home country in this scenario?)

In other words, is there a way to get a H1 visa in a single trip to the US (meaning I don't need to leave the US while getting a H1 visa?)

Any info would be greatly appreciated
 
SmokinJoeCrack said:
I've been looking for answers to my questions for two days now and I still didn't find a clear answer. Hope someone can help me out here

I am a Dutch citizen currently living in Cairo, Egypt.
I am travelling to Phoenix, Arizona in 2 months in order to find a job over there.

If I want to work on H1-B, should I go there on the Visa Waiver Program, find an employer, and then return to Egypt/Holland and file for the H1?
--------------- find US emplouer who can file H1 petition for you with USCIS, employer can file H1 petition if he has job for you ,once USCIS approves H1 Petition then employer will send you approval notice and you go to US consulate get H1 visa stamped and enter US on H1. FYI the H1 CAP for this year has met and employer can only file april 2007

Or should I go there on a B-2 visa and adjust status when I find an employer?
-----You are not allowed to work on B visa you get B visa if you don’t have Immigrant Intent. With B visa you may not get adjustment of status

(Do I have to return to my home country in this scenario?)
---yes
In other words, is there a way to get a H1 visa in a single trip to the US (meaning I don't need to leave the US while getting a H1 visa?)
---------I dont see possiblity. you did not post your education or exp. you may be not eligible for H1
Any info would be greatly appreciated
Click to expand...
 
Peters said:
You have to leave the country to get H1 stamped. Go to near by country like Canada.
Click to expand...
please read the the post. Person is NOT in US on H1. he is out of US .
 
Ginnu, thanks a lot for replying to me.

I think I qualify for the H1 because I'll be having a bachelors degree in computer science in about a month from now. My university is fully accredited in the U.S. (American University in Cairo) but since I'll be a fresh graduate I do not have any experience.

So you are telling me H visas won't be issued anymore until April 2007? That's terrible news.

Can I apply for EB3? Are there long waiting periods for EB3 and can I work while waiting for a greencard?

Thanks
 
Last edited by a moderator:
SmokinJoeCrack said:
Ginnu, thanks a lot for replying to me.

I think I qualify for the H1 because I'll be having a bachelors degree in computer science in about a month from now. My university is fully accredited in the U.S. (American University in Cairo) but since I'll be a fresh graduate I do not have any experience.

So you are telling me H visas won't be issued anymore until April 2007? That's terrible news.
----------- H1 visa petitions may be filed by US employer April 2007 and you need to find US employer to do that.
Can I apply for EB3? Are there long waiting periods for EB3 and can I work while waiting for a greencard?
----------------- you cant file EB3 ( EB=employment based) it is US employer who files the LC in EB3. you can work on H1 if employer starts your green card process
Thanks
Click to expand...
 
I can't apply for EB3 in any way? With LC you mean the labor certification right?

Why can't my employer file for LC and then for my immigration using the i-140? I am aware that I need an employer in order to immigrate, but I think I can arrange for a willing employer to do the process for me because I have some people I know that are employers in my field but they want to see me in the US first ofcourse.

What I want to know is how should I start? Do I go to the US on WVP or B-2 and file for EB3 there (I think this is not allowed though).

Or do I go to the US, look for an employer and then return to Holland and file for immigration at the US Consulate in Holland? In this scenario, should my employer file for the LC while I'm in the US?

Thanks a lot for your help ginnu
 
SmokinJoeCrack said:
I can't apply for EB3 in any way?
--------- YOU can not apply. EB means employement based immigrant petition and for that US employer has to file LC then I-140
With LC you mean the labor certification right?
------LC is Labor certification and LCA is filed with H1
Why can't my employer file for LC and then for my immigration using the i-140?
------------ you dont have any employer at this time when you get H1 and start working then discuss EB LC or other stuf related to GC
I am aware that I need an employer in order to immigrate, but I think I can arrange for a willing employer to do the process for me because I have some people I know that are employers in my field but they want to see me in the US first ofcourse.
What I want to know is how should I start?
------------------------- first get H1 then job in US then request US employer to start GC process

Do I go to the US on WVP or B-2 and file for EB3 there (I think this is not allowed though).
--------------- NO, you cant file EB3. you dont know about US employement based green Card process EB1 Or EB2 or EB3
Thanks a lot for your help ginnu
Click to expand...
Foundations Of Immigration Law
http://www.ilw.com/articles/2006,0424-siskind.shtm
 
ginnu, are you saying everyone who applied for EB has to have had an H visa before that?

I know I cannot apply right now, but I am going to the US this summer. What if I find an employer who wants me to work for him. He can apply for my LC and i-140 am I right?

So in principle I do not need an H visa before I can apply for an EB right? Why do you keep saying that I must have an HB 1 before I can apply for EB?

Thanks
 
SmokinJoeCrack said:
ginnu, are you saying everyone who applied for EB has to have had an H visa before that?
-------yes
I know I cannot apply right now, but I am going to the US this summer. What if I find an employer who wants me to work for him.
------employer need to file H1 or other work visa petition for you and after petition approval you need visa stamp to enter on that status to work
He can apply for my LC and i-140 am I right?
------------- if employer agree
So in principle I do not need an H visa before I can apply for an EB right?
------------- you can not apply EB3 directly only employer can file EB3 or EB2 for you.
Why do you keep saying that I must have an HB 1 before I can apply for EB?
----------- read the law or contact good lawyer
Thanks
Click to expand...
read the link below
http://www.ilw.com/articles/2006,0424-siskind.shtm
 
OK, I am by no means an expert, but I have researched this quite a bit.

You only have a bachelor, so you cannot apply for an EB1 or EB2. SO EB3 it is. Last I heard, this took 5 years to get. You do not need a H1B visa to file for an EB3, but I suppose you need an amployer willing to wait 5 years for you.

The application for an H1B visa cannot go in until April 2007, to start work from October 2007, and as far as I know, just a degree is not sufficient, you need experience.
 
Thank you ginnu and Mary.

When I say apply for EB3 I mean my employer files for EB3 for me. This means I DO NOT necessarily need an H1 visa before my employer files for EB3. If I find an employer to do EB3 for me I can go directly without H1.

I just want that point to be clear. It really takes 5 years to complete EB3 for 'professional worker'? I know there is a huge backlog for EB3 unskilled workers but I don't think it should take 5 years for EB3 (A) which is 'professional worker'

How about EB2? How long does that take usually (I know you need Bs. + 5years of experience so I'm thinking of filing that).
 
Last edited by a moderator:
You must log in or register to reply here.
Top