# H1B Visa for an Indian



## Technologist (Sep 16, 2011)

I have a unique situation.

I am a researcher having non graduate educational qualifications in engineering (diploma) but over 10 years of experience in this super specialty field as a couple of US Patents.

I have been invited by a US Company to work with them and jointly develop a breakthrough technology or technologies that will be unique and patentable.

While I will be looking for a more short term contract wherein I work with them on a single project and return back to India, they on the other hand are looking at something more long term in the form of full time employment.

I would assume that I would need to apply for a H1B Visa in India so as to legally work with them in the US, but wouldnt it be easier if they apply for the visa in the US and I travel directly on this visa?

I really am not sure on how I should go about this. Does anyone here know how to go about this?


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## twostep (Apr 3, 2008)

You CANNOT apply for a visa. Go through the stickies at the beginning of the US Forum and read up a bit on US visas and requirements. The potential Us employer has to apply for it and be able and willing to sponsor you.
There are no short-term single project visas. Lacking a formal degree H1B will not be available to you unless your diploma will be accepted as AA plus your job related work experience.
Project or long-term employment that is between you and the potential employer.


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## Technologist (Sep 16, 2011)

The company is willing to sponsor me based on my proven past experience in the field, would this help in the absence of a degree?

The results of this research program would lead to increasing their turnover exponentially and make a new US Based technology available worldwide thereby benefiting at least 3 other US companies that would be their suppliers.


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## twostep (Apr 3, 2008)

Technologist said:


> The company is willing to sponsor me based on my proven past experience in the field, would this help in the absence of a degree?
> 
> The results of this research program would lead to increasing their turnover exponentially and make a new US Based technology available worldwide thereby benefiting at least 3 other US companies that would be their suppliers.


A company's potential profit has nothing to do with US immigration.

Work your way through the stickies at the beginning of the forum and use the search function. We had the issue of no bachelor's degree but work experience recently. I think it was an Australian poster. I cannot get my hands on the link right now. Rule of thumb for missing Bachelor is three years for every four it takes to achieve the degree and the work has to be job specific. But there is also a provision for AA.

I presume the US company will task an immigration lawyer with your visa application.


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