# H1B work visa



## Sparky5 (Aug 27, 2011)

Hi, I just wondered if there is any way to obtain an H1B visa quickly?

There is a company in the US willing to consider international applicants providing they have a valid H1B visa.

If anyone has any information on this I would sure appreciate it.

Thanks

Sparky5


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## Fatbrit (May 8, 2008)

Sparky5 said:


> Hi, I just wondered if there is any way to obtain an H1B visa quickly?
> 
> There is a company in the US willing to consider international applicants providing they have a valid H1B visa.
> 
> ...


The company initiates the application for the visa, not you. If the company is advertising the post as you stated, they simply do not understand the H1b visa process. 

It will take somewhere from 2 to 4 months or so.


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## twostep (Apr 3, 2008)

Sparky5 said:


> Hi, I just wondered if there is any way to obtain an H1B visa quickly?
> 
> There is a company in the US willing to consider international applicants providing they have a valid H1B visa.
> 
> ...


Oh boy!
H1B can transfer to another H1B but it is tricky. Read up on H1B. Homework!!! It is tied to a specific position within a specific company. You get H1B to perform Job AA. The company wants you to perform job BB. No!!!


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## Sparky5 (Aug 27, 2011)

That is exactly what I had thought.

The company must initiate the Visa application. As far as I was aware, anyone who has been sponsored for an H1B can only work for the company that originally sponsored them, and not another company.

This is the second time I have been asked if I have an H1B Visa in order to be hired by a US company. Unless they just intend the transfer the original H1B Visa.


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## Fatbrit (May 8, 2008)

Sparky5 said:


> That is exactly what I had thought.
> 
> The company must initiate the Visa application. As far as I was aware, anyone who has been sponsored for an H1B can only work for the company that originally sponsored them, and not another company.
> 
> This is the second time I have been asked if I have an H1B Visa in order to be hired by a US company. Unless they just intend the transfer the original H1B Visa.


Transfer is possible but dicey as described by Twostep.

I think the mistake here is assuming that HR departments in companies actually know what they're doing. IME, it's the dumping ground for idiots with good connections so as to least damage the company.


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## twostep (Apr 3, 2008)

Sparky5 said:


> That is exactly what I had thought.
> 
> The company must initiate the Visa application. As far as I was aware, anyone who has been sponsored for an H1B can only work for the company that originally sponsored them, and not another company.
> 
> This is the second time I have been asked if I have an H1B Visa in order to be hired by a US company. Unless they just intend the transfer the original H1B Visa.


NO!!! A very specific position within a very specific company!!! You cannot go from programmer to mailman. Even at the same paygrade. Cost center XYZ slot 123 - nothing else!!!


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## Pinkjellybean (Aug 5, 2011)

Maybe the company is thinking if the person already has an H1B they are more than likely to get another!? without having to put the money in to find out the person is ineligible?! just a thought...although more than likely just silly and not really have a clue how the H1B works!

Vicki


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## Sparky5 (Aug 27, 2011)

I had checked this website H1B Visa Requirements | Official H1B Qualification and Eligibility | Work in America - USA Work Permit - Green Card - H1 Visa - US Work Visa - Immigration USA - H1B - H1-B - H-1B - Live in the USA - H1 Base - H1Base - Job in USA - USA VISA - Work in  
and I am eligible for an H1B, Its just getting a sponsor that is the problem.

I had sent an email to the employer stating that I would agree to a reduced salary for a certain length of time designated by the company if they would agree to sponsor me for an H1B.

That is if money is the only issue.

They must have some way of interchanging these H1B visa otherwise they are breaking the law and liable for a serious fine.


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## twostep (Apr 3, 2008)

Sparky5 said:


> I had checked this website H1B Visa Requirements | Official H1B Qualification and Eligibility | Work in America - USA Work Permit - Green Card - H1 Visa - US Work Visa - Immigration USA - H1B - H1-B - H-1B - Live in the USA - H1 Base - H1Base - Job in USA - USA VISA - Work in
> and I am eligible for an H1B, Its just getting a sponsor that is the problem.
> 
> I had sent an email to the employer stating that I would agree to a reduced salary for a certain length of time designated by the company if they would agree to sponsor me for an H1B.
> ...


You cannot interchange. You can move from one to another but you still have to qualify.
You suggested to a US employer to use illegal practices. ???


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## Sparky5 (Aug 27, 2011)

twostep said:


> You cannot interchange. You can move from one to another but you still have to qualify.
> You suggested to a US employer to use illegal practices. ???


The salary is negotiable anyway, and I do qualify for an H1B Visa. If money is an issue for the company to sponsor an immigrant, I simply agreed to work for less than the going rate to allow them to cover any costs of sponsoring me.

I cant see anything illegal there.

Im sure cant be any worse than a company offering work to an immigrant who holds an H1B visa that they didnt sponsor themselves.


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## twostep (Apr 3, 2008)

Sparky5 said:


> The salary is negotiable anyway, and I do qualify for an H1B Visa. If money is an issue for the company to sponsor an immigrant, I simply agreed to work for less than the going rate to allow them to cover any costs of sponsoring me.
> 
> I cant see anything illegal there.
> 
> Im sure cant be any worse than a company offering work to an immigrant who holds an H1B visa that they didnt sponsor themselves.


What you are "sure" of is irrelevant. 

a) The employer has to prove it was not possible to fill the position with someone authorized to work in the US not that you qualify for H1B. b) Considering someone for a position because he offers to work for less to get sponsored is a major EEOC violation. Audits are thorough particullarly at companies sponsoring work visas. A company even considering such an offer - run as there is something wrong. c) Again! They can offer what they want. Unless they sponsor and receive an H1B he cannot make the move.


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## Sparky5 (Aug 27, 2011)

twostep said:


> What you are "sure" of is irrelevant.
> 
> a) The employer has to prove it was not possible to fill the position with someone authorized to work in the US not that you qualify for H1B. b) Considering someone for a position because he offers to work for less to get sponsored is a major EEOC violation. Audits are thorough particullarly at companies sponsoring work visas. A company even considering such an offer - run as there is something wrong. c) Again! They can offer what they want. Unless they sponsor and receive an H1B he cannot make the move.


So are you saying its almost impossible to get an H1B visa?

The USA is a big country, there music be hundreds of people at least to choose from to fill any work position living in the US already. You would have to be extremely unique in order for a company to go to such expense to sponsor an immigrant.

I am back at square one again....DOH!!!!


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## twostep (Apr 3, 2008)

Sparky5 said:


> So are you saying its almost impossible to get an H1B visa?
> 
> The USA is a big country, there music be hundreds of people at least to choose from to fill any work position living in the US already. You would have to be extremely unique in order for a company to go to such expense to sponsor an immigrant.
> 
> I am back at square one again....DOH!!!!


You are not back to square one - you are still there. Work your way through visa requirements and read ALL of it not just what you want to see. It is what it is. You have to be very good, preferably in a niche and ready to accept US terms. The employer is only part of the equation.


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## Sparky5 (Aug 27, 2011)

twostep said:


> You are not back to square one - you are still there. Work your way through visa requirements and read ALL of it not just what you want to see. It is what it is. You have to be very good, preferably in a niche and ready to accept US terms. The employer is only part of the equation.


I work as an engineer in the semiconductor industry and California is the capital of the world for the particular job that I do. I must have sent off several dozen CVs to companies there and I havent heard a word back.

I have enough education and experience to qualify for an H1B, I have no criminal record or anything that would disqualify me from being issued a visa.

I know the employer is only part of the equation, but it is a very big part of the equation. I just need to find one that will sponsor an immigrant.

I will do some more internet searching.


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## twostep (Apr 3, 2008)

Sparky5 said:


> I work as an engineer in the semiconductor industry and California is the capital of the world for the particular job that I do. I must have sent off several dozen CVs to companies there and I havent heard a word back.
> 
> I have enough education and experience to qualify for an H1B, I have no criminal record or anything that would disqualify me from being issued a visa.
> 
> ...


OK, let the fun begin.

You work as or you are?
Enough education - what do you have?
Enough experience - how many years and what levels? How many with international companies?
CV or resume? I do not remember how many times I have explained the difference here. You do not have a CV at least not for the US market.
You did proof read your "CV"?
What makes you think you are an immigrant on H1B?
You can send out resumes until you are blue in the face. There are tricks of the trade to on-line applications. Reading is one of them:>) Networking is the other:>) The name of the game is who do you know. Where is your blog, are your connections?
I will have to suffer through phone conferences as my boss is bored and it is Friday before a long weekend - PM me the link to your LinkedIn profile. I will tell you what is wrong with your resume for starters.


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## Sparky5 (Aug 27, 2011)

twostep said:


> OK, let the fun begin.
> 
> You work as or you are?
> Enough education - what do you have?
> ...


Thanks twostep, that is really much appreciated.


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## Sparky5 (Aug 27, 2011)

I sent you a pm, did you get it?


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## twostep (Apr 3, 2008)

OK here is some of the scoop - AA plus six years related experience will work. Dicey but a possibility.
Log In

Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**


http://www.uscis.gov/ilink/docView/S...0-0-18003.html


( 5 ) A determination by the Service that t he equivalent of the degree required by the specialty occupation has been acquired through a combination of education, specialized training, and/or work experience in areas related to the specialty and that the alien has achieved recognition of expertise in the specialty occupation as a result of such training and experience. For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of co llege-level training the alien lacks. For equivalence to an advanced (or Masters) degree, the alien must have a baccalaureate degree followed by at least five years of experience in the specialty. If required by a specialty, the alien must hold a Doctorate degree or its foreign equivalent. It must be clearly demonstrated that the alien's training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty occupation; that the alien's experi ence was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least one type of documentation such as:


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## Sparky5 (Aug 27, 2011)

twostep said:


> OK here is some of the scoop - AA plus six years related experience will work. Dicey but a possibility.
> Log In
> 
> Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**
> ...


This is excellent, so I actually qualify for an H1B.

I have been on LinkedIn looking around, joining groups, searching for recruiters and updating some of my profile that I had missed. At least I know now that all I need is a willing sponsor and there are no other serious issues in the way.

I have still been looking for work here in Europe, although it is very very quiet right now. Nobody is hiring here.

I tried to view that link you have posted but I think I need to setup a user account with that site.

Thank you very much for your help twostep  It was very much appreciated.

John


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## Sparky5 (Aug 27, 2011)

Hi 


There was something else I forgot to ask. In the past I have lost count of how many CVs I have sent to US companies. Once they notice that I am not based in the US, I never hear anything back.

I just wonder how I can find a company willing to sponsor me? I dont think it would be something that they would add to the job specification.

I often wonder why a company would even think about sponsoring when there are so many people locally to choose from.

Like I mentioned earlier, is seems as though companies want the applicant to have the H1B before they consider them for the job, but legally a company must sponsor the applicant.

Its like the chicken and the egg situation, is there any way to get passed it?

Thanks

Sparky


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## Bevdeforges (Nov 16, 2007)

Sparky5 said:


> I just wonder how I can find a company willing to sponsor me? I dont think it would be something that they would add to the job specification.
> 
> I often wonder why a company would even think about sponsoring when there are so many people locally to choose from.


Very valid questions - and the fact you're thinking of them is a good thing. 

While there are some abuses of the system (aren't there always?) the main way to get a sponsor is to have something - training, experience, a special skill - that relates to your "foreign" origins. Language skills will sometimes do - especially in an unusual language - if the employer does business internationally. (An accountant who speaks Chinese, for example, and even better if he or she has actually worked in or with China in the past.) International experience will sometimes open doors - so that you know and can articulate the different user or customer requirements in your field.

It takes a little creativity and, as is often the case in the US, a bit of marketing skill.
Cheers,
Bev


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## Sparky5 (Aug 27, 2011)

Bevdeforges said:


> Very valid questions - and the fact you're thinking of them is a good thing.
> 
> While there are some abuses of the system (aren't there always?) the main way to get a sponsor is to have something - training, experience, a special skill - that relates to your "foreign" origins. Language skills will sometimes do - especially in an unusual language - if the employer does business internationally. (An accountant who speaks Chinese, for example, and even better if he or she has actually worked in or with China in the past.) International experience will sometimes open doors - so that you know and can articulate the different user or customer requirements in your field.
> 
> ...


Marketing and creativity?...... I think I will see what else I can change to my resume before I send it on to recruiters.

Thanks Bev 

John


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## Bevdeforges (Nov 16, 2007)

Sparky5 said:


> Marketing and creativity?...... I think I will see what else I can change to my resume before I send it on to recruiters.
> 
> Thanks Bev
> 
> John


One other thing that is pretty much expected when job hunting in the US is to do your research about the companies you'd like to work for. Find out where they have their subsidiaries overseas, especially those that are involved in the type of work you do. Could you be a liaison person at US HQ to their widget plant back in Old Blighty?

You should be prepared to tell a potential employer how you can make their lives easier, or more profitable or whatever, due to your unique skill set or experience. (Yeah, it's all a bunch of hooey, but it at least gets your foot in the door - and it shows "interest" in the specific company rather than just the usual run of desperation for "any" job.)
Cheers,
Bev


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## Sparky5 (Aug 27, 2011)

Bevdeforges said:


> One other thing that is pretty much expected when job hunting in the US is to do your research about the companies you'd like to work for. Find out where they have their subsidiaries overseas, especially those that are involved in the type of work you do. Could you be a liaison person at US HQ to their widget plant back in Old Blighty?
> 
> You should be prepared to tell a potential employer how you can make their lives easier, or more profitable or whatever, due to your unique skill set or experience. (Yeah, it's all a bunch of hooey, but it at least gets your foot in the door - and it shows "interest" in the specific company rather than just the usual run of desperation for "any" job.)
> Cheers,
> Bev


I get the idea now  be unique and offer something additional to the company other than just the ability to do the job. I will look over the resume and my previous experience to see if there is anything I can elaborate on and look much better to prospective employers.

Thanks Bev


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## JohnSoCal (Sep 2, 2007)

Sparky5 said:


> The salary is negotiable anyway, and I do qualify for an H1B Visa. If money is an issue for the company to sponsor an immigrant, I simply agreed to work for less than the going rate to allow them to cover any costs of sponsoring me.
> 
> I cant see anything illegal there.
> 
> Im sure cant be any worse than a company offering work to an immigrant who holds an H1B visa that they didnt sponsor themselves.


One of the requirements for an H1B visa is that the employer must pay the prevailing wage for that position in that locale. They would not be able to lower the salary very much. I have worked with literally hundreds of H1B Visa employees ( Software engineers ). Some of them did transfer their visas from one company to another. That was a few years ago ( 2006 ) so I don't know if the requirements have changed since then.


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## Sparky5 (Aug 27, 2011)

JohnSoCal said:


> One of the requirements for an H1B visa is that the employer must pay the prevailing wage for that position in that locale. They would not be able to lower the salary very much. I have worked with literally hundreds of H1B Visa employees ( Software engineers ). Some of them did transfer their visas from one company to another. That was a few years ago ( 2006 ) so I don't know if the requirements have changed since then.


I would really be interested to find out how the other guys in my line of work managed to get H1B visas. The USA must have plenty capable citizens who would jump at the chance of a job anywhere in the country, yet visas are still handed out.

Theres got to be a way! Maybe its a matter of connections more than qualifications?


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## JohnSoCal (Sep 2, 2007)

Sparky5 said:


> I would really be interested to find out how the other guys in my line of work managed to get H1B visas. The USA must have plenty capable citizens who would jump at the chance of a job anywhere in the country, yet visas are still handed out.
> 
> Theres got to be a way! Maybe its a matter of connections more than qualifications?


The vast majority of H1B visas are for Software Engineers. There is a shortage of qualified Software Engineers in the US. I get several offers a week and I am not looking for work.


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## Sparky5 (Aug 27, 2011)

JohnSoCal said:


> The vast majority of H1B visas are for Software Engineers. There is a shortage of qualified Software Engineers in the US. I get several offers a week and I am not looking for work.


Im an engineer, but not a software engineer. This economic climate doesnt make things any easier. I hope that an internal transfer isnt the only option available.

I have a theory that if I apply for a job with a company that is based out in the middle of the nowhere, where advertising for staff locally isnt bringing in results, they may have no choice but to opt for an international applicant.

No matter what happens, I wont stop trying.


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