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  • Progression towards immigration

    Ok, I've been chatting to my prospective employer in the USA, and have come up with a sort of solution at the moment. Please advise me if this is possible/legal and any suggestions would be great!

    My prospective employers would like me to start as soon as possible, so we were thinking of bringing me over on an H-2B visa, as will be experiencing a peak load from March till October 2007. Then April 2007, apply for an H-1B visa, and obviously if that is successful, finally aim towards employment based immigration.

    Is this possible to do this way? Or would I have to first return to my origin country before H-1B visa can be approved?

    Please help and anyone give suggestions how to do this

    Thanks!

  • #2
    Ok, I've been chatting to my prospective employer in the USA, and have come up with a sort of solution at the moment. Please advise me if this is possible/legal and any suggestions would be great!

    My prospective employers would like me to start as soon as possible, so we were thinking of bringing me over on an H-2B visa, as will be experiencing a peak load from March till October 2007. Then April 2007, apply for an H-1B visa, and obviously if that is successful, finally aim towards employment based immigration.

    Is this possible to do this way? Or would I have to first return to my origin country before H-1B visa can be approved?

    Please help and anyone give suggestions how to do this

    Thanks!

    Comment


    • #3
      Oh, don't worry about these silly immigration laws.

      Your RIGHT to live in the U.S. and your RIGHT to work here and your RIGHT to utilize all of the social services supercedes any ol immigration law.

      Not convinced?

      Ask the Federal Judge who is preventing Hazelton from enforcing laws that are deemed too tough by illegal aliens and slumlords.

      Comment


      • #4
        It's going to be interesting to see your employer explain why you're the unskilled worker needed on a seasonal or temporary basis that the H2-B is for, and at the same time a highly skilled worker for which the H1-B is intended.

        Comment


        • #5
          It will be good practice for his PERM application where employers who are not supposed to hire an alien over an american based on qualifications alone do anyway.

          In fact I think most PERM training includes a section on how to put your thumb on your nose and point it in the direction of the law.

          Comment


          • #6
            Actually, it's probably going to be harder for him to get certified for an H2-B than to get an H1-B. H2-B, from what I was reading, actually requires the employer to advertise the jobs to show that no Americans are available. For unskilled jobs, I wouldn't bet on being able to show that.

            Comment


            • #7
              I don't mean to be cynical but regardless of a petitions merit, regardless of the quality or lack thereof of supporting evidence, if the application is adjudicated by a demoralized agent and funds are not available for follow up investigations....

              the tree falls and no one is around to hear it.

              Comment


              • #8
                True.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Welshman:
                  Ok, I've been chatting to my prospective employer in the USA, and have come up with a sort of solution at the moment. Please advise me if this is possible/legal and any suggestions would be great!

                  My prospective employers would like me to start as soon as possible, so we were thinking of bringing me over on an H-2B visa, as will be experiencing a peak load from March till October 2007. Then April 2007, apply for an H-1B visa, and obviously if that is successful, finally aim towards employment based immigration.

                  Is this possible to do this way? Or would I have to first return to my origin country before H-1B visa can be approved?

                  Please help and anyone give suggestions how to do this

                  Thanks! </div></BLOCKQUOTE>
                  Might work depending on what skill is being utilized. However, your company could start an office in your home country and have you come under an L visa at some future point and time.

                  1. What business is the potential employer in?
                  2. What specific trade skill do you possess?
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sugarpuff:
                    Oh, don't worry about these silly immigration laws.

                    Your RIGHT to live in the U.S. and your RIGHT to work here and your RIGHT to utilize all of the social services supercedes any ol immigration law.

                    Not convinced?

                    Ask the Federal Judge who is preventing Hazelton from enforcing laws that are deemed too tough by illegal aliens and slumlords. </div></BLOCKQUOTE>
                    And what about the US employer's right to hire the best qualified for the possition? The whole reason why this question is being asked is because of the misalignment between the number of H visas avalilable and the number of immigrants available for the position. It is very hard on the employer to have to make the decision and pack the job and move elsewhere, like outside the country. Would not do you any good, would it?
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sugarpuff:
                      I don't mean to be cynical but regardless of a petitions merit, regardless of the quality or lack thereof of supporting evidence, if the application is adjudicated by a demoralized agent and funds are not available for follow up investigations....

                      the tree falls and no one is around to hear it. </div></BLOCKQUOTE>
                      Sugarpuff,
                      Are you now suggesting that foreign workers are now potential terrorist links?
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        Hudson,

                        You mentioned "And what about the US employer's right to hire the best qualified for the possition"

                        Under PERM U.S. employers are supposed to look for a USC that meets the jobs minimum qualifications. The only exemption that exists is for Teaching positions. Institutions of Higher education.

                        In other words under the law the employers DO NOT have the right to hire WHOM THEY BELIEVE is the most qualified. I get frustrated when laws like this are not enforced.

                        Oh yeah, where did you get the idea that I was trying to link foreign workers to terrorist links? A bleed heart or a desire to do what is "morally right" does not excuse agencies for their failureto adjudicate petitions according to regulations

                        Comment


                        • #13
                          I am a para-veterinarian with over 12 years of managerial skills in my field, plus extensive laboratory experience. In the past year of applications, my employer has not received any american citizen application that betters my application.

                          So, I think I fall into the skilled worker field, and not unskilled.

                          Comment


                          • #14
                            but under consideration, I have been told converting from h2b to h1b is a bad idea

                            Comment


                            • #15
                              Welshman,

                              You are mistaken with regards to how PERM regulations work:

                              It does not matter if your employer has not received an application from a candidate that is MORE qualified than you, only that he did not receive an applicaiton from a USC who met the MINIMUM requirment for the position.

                              Note: if you are hired instead of a minimaly qualifed USC and the employer can not give a good explaination as to why the DOL can investigate for up to 5 years in the future and retroactively revoke the PERM authoriztion and a green card if it was based on that PERM application.

                              Many people think they "got away with it" if the PERM petition is approved. Sadly, some do. Even more sad though is that some lead the alien to think everything is ok when indeed their status is in peril

                              Comment

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