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Advice on getting a H1B visa to the US

Hey all,


Let me introduce myself; My name is Josh and I'm a self employed hardware engineer. I graduated from the University of Manchester with a Masters in Electrical and Electronic Engineering in 2015 and have been freelancing ever side.


One of my clients, a robotics company based in New York, has offered me a permanent position and sponsorship for H1B visa, and I'd very much like to take it!


However I'm a bit lost when it comes to the process and the nuances of it. Is there anyone here (or do you know anyone) who's been through the H1B visa as an engineer? Would they be willing to perhaps share their experiences to a fellow engineer?


Thanks in advance,


Josh
  • Josh,


    I moved across to California in 2002 on an L-1 visa which in due course I converted to a Green Card (permanent residency). My advice is that if you are open minded, like a challenge and open to new experiences then take the opportunity, you may decide that the US isn't for you in which case you can always come back and you will have international experience on your CV. 

    Alternatively, you may find that it opens up a lot more opportunities for your career.


    Richard
  • Josh:

    I suggest you might ask your sponsoring company to retain an attorney to make sure all is in order before submitting your petition.  There are many nuances to the process and compliance requirements for both you and your sponsor.

    The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.  H-1B specialty occupations may include fields such as science, engineering and information technology.  For more information about the H-1B program, visit our H-1B Specialty Occupations Web page. Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models.




    USCIS will make a determination if your petition is subject to congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”). An exemption from the H-1B cap for beneficiaries who have earned a U.S. master’s degree or higher (commonly known as the “advanced degree exemption”) is available until the number of beneficiaries who are exempt on this basis exceeds 20,000.





    Cap Type




    Cap Amount




    Cap Eligible Petitions




    Date of Last Count




    H-1B Regular Cap




    65,000




    94,213




    April 6, 2018




    H-1B Master’s Exemption




    20,000




    95,885




    April 6, 2018



    UPDATE: On April 6, 2018, USCIS reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.



    USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the FY 2019 H-1B cap. Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2019-cap-season 




    My experience has been very positive with the petition process and the USA has presented many interesting and rewarding opportunities for my engineering skills over the years.


  • Thanks both.


    Richard I agree I definitely will take it if I can. I like the employer and the role! 


    David thanks, I think that's good advice for us to retain the attorney now (prior to January when the process starts). I wasn't away of the advanced degree exemption, that's interesting. I did an MEng at Manchester University with a year in industry, so that may well qualify. I will speak to my employer about retaining a lawyer now.
  • David would you happen to know any good immigration lawyers for this? We have one in mind who has advised waiting until Jan, but I'd quite like to engage another to see if anything can be done now. I know our current lawyer did not ask about whether I had a Masters.