frank1538 Posted October 21, 2003 Report Share Posted October 21, 2003 A buddy of mine is in the import business, mostly Chinese antiques, and he is looking to obtain an H work visa for a relative who is knowledgeable in this field. He would have to sponsor the individual, file the appropriate labor certifications, etc., but it seemed to me that the process was rather straightforward. Granted, the H visa is a temporary visa (3-6 years, I think), but it seemed to be a very quick way to come to America. While just about all of us have gone the K route, did anyone ever think about the H as an alternative? For me, it would not have made sense, given Jingwen's educational background and work experience, but, for others.... Link to comment
myeagy Posted October 21, 2003 Report Share Posted October 21, 2003 About H1 Visa, you need to find a company as a sponsor, they need to give your a job offer, and the salary should be the average/above wage for the position of the state. The company also needs to show prove there is no American people can do the job. They are supposed to run ads in the local paper for certain period. To keep the H1 Visa valid, you need to be employed all the time. There is a quote for H1-visa every year. And since it's non-immigration visa, if she/he has a fiancée in US, it's the ground for deny. Link to comment
keelec Posted October 22, 2003 Report Share Posted October 22, 2003 I have a friend at work that came on a similar visa. But, I think it was somewhat of a long process for him. He started in the Philippines. He got a work visa in Guam through a sponsorship program. I think he said that it took him between 6 months and a year to get the visa to go to Guam. Since then, he has gotten a permanent visa in Guam and moved to the USA. Sorry that I don’t know all of the details, but I wouldn’t anticipate a quicker visa application process unless the fiancée was extremely specialized in some “critical” field, possibly military related (which could bring it’s own problems both to emigrate from China as well as immigrate to the USA. I would anticipate that in most “ordinary” cases, there would be at least a 6 month to a 1 year wait to get your job, sponsorship, and visa. I presume that University Professors can get visitor’s visas to the USA for attending training, conferences, and etc. much easier than the average tourist. I have been warned, however, against trying to invite my fiancée her on a short term tourist visa while in the middle of processing for a Fiancée Visa. There may be ways to legally migrate for one nationality to another using other countries as stepping stones (such as getting the visa to Guam which isn’t easy, but may be easier than to mainland USA). Unfortunately I am not familiar with all of the political allegiances in the Pacific region. Great Britain used to have several colonies. However, I assume that the “floodgates are not left open”. Anyway, I would recommend sticking with the Fiancée Visa for your Fiancée, and perhaps recommend other immigration methods if her extended family want to come later. ----- Clifford ----- Link to comment
se_lang Posted October 22, 2003 Report Share Posted October 22, 2003 1 nice benefit to the H1 is the expedited processing for as little as $1000 they will insure you are handed a visa in a very short time(15 Days) or you get your money back and still get expedited service! Gee I wish I had that option!!! http://www.immihelp.com/visas/premium.html Link to comment
keelec Posted October 22, 2003 Report Share Posted October 22, 2003 1 nice benefit to the H1 is the expedited processing for as little as $1000 they will insure you are handed a visa in a very short time(15 Days) or you get your money back and still get expedited service! Gee I wish I had that option!!! http://www.immihelp.com/visas/premium.htmlOh, WOW, 15 day processing for (almost) anyone that can fork up the cash!!!! However, what does that really mean? . . . 15 days with BCIS in Nebraska. . . 2 Months in New Hampshire?. . . 1/2 Month to mail the Visa application to the foreign embassy.. . . Another 6 months in Russia or China?If I had an option between 15 days vs 70-90 days for an extra $1000, I would definately have considered it, but this spring I was still expecting the processing to be merely 2 or 3 months. Boy was I wrong. 15 days vs the average of 6 months in step 1 at BCIS. Even if she still has to wait another 6 months for the rest of the processing, that would definately have been worth it to get that little boost in processing. I would have to think that more of the processing would be expedited too. Of course businesses are dependent on things happening quickly. Even if they still have to wait a total of 6 months, it is helpful to have some response "good possiblity" vs "low possibility" of acceptance within 2 weeks.Does this mean that terrorists can setup SHAM businesses and pay the $1000 to expedite the visa processing on all of their friends while we are scrutinized over and over and over and over and over and over and over and over and over and over and over again? Ooops, did I repeat myself with being scrutinized over and over and over and over and over and over and over again? I am quite hurt though that the US congressmen think so little of the American Citizens that they allow big business to buy visas, while leaving us sitting here waiting, praying, hoping, hurting, and crying. ------ Clifford ------ Link to comment
se_lang Posted October 22, 2003 Report Share Posted October 22, 2003 here is a blurb from the link Premium Processing Service allows U.S. businesses to pay a $1,000 fee in exchange for the 15-calendar day processing of their petitions and applications. BCIS guarantees that within 15 days BCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. If the BCIS fails to process the petition within 15 days, it will refund the $1,000 to the company and continue to process the petition as part of the Premium Processing Service. In addition to expedited processing, companies who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. The dedicated phone number, e-mail and mailing address for each BCIS Service Center can be found in the instructions for Form I-907. In December 2000, legislation was passed and signed that authorized the Attorney General to collect a $1,000 "premium processing" fee. Under this legislation, the authority to collect this fee applies only to employment-based petitions and applications. This $1000 fee is in addition to all other filing fees required by the Form I-129. Link to comment
Dave G. Posted October 22, 2003 Report Share Posted October 22, 2003 While just about all of us have gone the K route, did anyone ever think about the H as an alternative? For me, it would not have made sense, given Jingwen's educational background and work experience, but, for others....Interesting....this thread is what got me thinking about my post regarding marriage on US soil...... At the risk of sounding like a dick, I hope everyone reading and participating in this thread is sincere. If they wish to hire someone for their company, they go through the process of obtaining an H visa. If the intentions are to bring someone over to marry, then a K visa. Applying for the H for marriage is fraud. I'm sure everyone is aware of that. My concern is some newbie gets on this site and reads that our members condone misusing the system. We don't. http://smilies.sofrayt.com/%5E/3/dont.gif Link to comment
frank1538 Posted October 22, 2003 Author Report Share Posted October 22, 2003 Dave, I do not mean to suggest that the H1 visa should be used as a way to circumvent the K route. My employer is a large multinational firm, and hires people from around the world. Two of my friends are twins from Macedonia. Both obtained work visas to work here in the US. One is now married to a USC, and the other is now engaged to a USC. When I talk to them about the turtle pace for the K visa for Jingwen, neither can seem to grasp why it takes so long. My impression is that both of these ladies were able to secure their work visas relatively quickly, but neither had any intention of getting married when her visa were issued. Some of our fiancees have both the educational credentials and work experience to allow them to work in the US on a H1 visa. Having filed for a K visa is probably a certain red flag for someone trying to get a work visa. But, for others who have no present intention to get married, I don't see why such a person should not be given a work visa for valid business reasons. And, if that person, like the twins from Macedonia, later decide to get married, who am I to complain. Link to comment
frank1538 Posted October 22, 2003 Author Report Share Posted October 22, 2003 While just about all of us have gone the K route, did anyone ever think about the H as an alternative? For me, it would not have made sense, given Jingwen's educational background and work experience, but, for others....Interesting....this thread is what got me thinking about my post regarding marriage on US soil...... At the risk of sounding like a dick, I hope everyone reading and participating in this thread is sincere. If they wish to hire someone for their company, they go through the process of obtaining an H visa. If the intentions are to bring someone over to marry, then a K visa. Applying for the H for marriage is fraud. I'm sure everyone is aware of that. My concern is some newbie gets on this site and reads that our members condone misusing the system. We don't. http://smilies.sofrayt.com/%5E/3/dont.gifMan, the more I re-read my original post, the more it sounds like I'm advocating trying to use the H route rather than the K route. My bad. But, let me play our a scenario. Let's say you've been corresponding with someone, but it's too early to say that you should get married. If that person were to come to the US on a work visa, issued for valid reasons, and you got to really know that person while he or she was here and then decided that marriage was in the picture, have you violated any laws or committed any fraud? Link to comment
Guest jimb Posted October 22, 2003 Report Share Posted October 22, 2003 There is a mountain of paperwork for a corporation to apply for a H1 visa. Including labor surveys. Filings with various federal and state agencys. Alien must be at least BS degree in an occupation where US applicants for the job are hard to find, (medical specialists in rural areas) or some highly specialized computer fields. I don't think hiring someone to help me with my ebay business would qualify. jimb Link to comment
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