A few questions

[Tobbe]

Hi, I’m a total n00b when it comes to the US immigration but I have recently been thinking about making a move towards the US. Before getting serious about it I thought it would be a good idea to check out the immigration rules and try to understand my options (and if I have any ).

My situation:

I’m a computer games programmer with seven years experience but no university degree. Would this normally be enough for a H1-B visa and could I ever qualify for a permanent work visa? I wouldn’t want to build up a new life just to be kicked out after 6 years…

A long shoot but the games I’m working on are well known and regularly nominated for Baftas (won a few times as well). I thought maybe I could use this to go for the O1 category? Baftas are always given to the team rather then to individuals so maybe I can’t use it? I mean it could be a bit ridiculous if you could actually use it since it doesn’t really say anything about the individual….

So I guess my questions are:

What are the chances of getting a permanent work visa without a proper education?

Do O1 visas apply to other media then movies? Must the awards for it be based on individuals?

Am I correct in thinking that you first apply for a temporary non-immigration visa, such as the H1-B and then AFTER you moved to the states and started to work you can get into the immigration queue and apply for EB1?

Normally, how long does it take before dependent spouses can start to work?


Any answers or kicks in the right direction are greatly appreciated!
Thank you

[iamwhoever]

What is comes down to, if you want it to lead to permanent residency, is you would be looking for an employer who is willing to sponsor you through the EB-3, which is for skilled and professional worker. It requires the skilled worker to have 2 years experience in their field. The catch, the employer must apply for a labour certificate to see if it is a skilled or unskilled position. Have a look at the following link: http://www.uscis.gov/portal/site/uscis/ ... f3d6a1RCRD. You can work your way around that website. This would be your best option. If you go the HB-1 route, it may be more difficult; however, it might put you in a job where your employer may want to there permanently.

Also, I don't know what nationality you are, but you may be eligible to apply to the Diversity Visa Program. I don't know all the rules, or if your occupation plays into it all, but it might be worth checking out. This years is complete, but you may qualify in the future. You can check out the info here: http://travel.state.gov/visa/immigrants ... _1322.html.

[Tobbe]

Cheers for the link, loads of good stuff there!
So an employer can actually sponsor for an immigration visa directly. That is good! How restricted are the numbers of EB3 visas? I mean does it take years to get one? Do people usually go for the EB3 directly from abroad or is it common to switch status in the US?

I am Swedish and my wife is Bolivian, after reading through the information there I believe both my wife and I are eligible to send an application in so we will do that when it comes around next time.

Thank you for the help

[iamwhoever]

If you fall into the "other workers" category in the EB3, then you will have 6-6.5 year wait, but if you you don't, then you have about a 2-2.5 year wait. The issue with the "other worker" category is that there is a 5,000 limit. Also, each country will only be issued 7% of the total visas issued every fiscal year. The fiscal year starts in October. Here is a site that explains how applications are processed and it has a link to which applications are being processed: http://www.immihelp.com/greencard/immig ... umber.html.

It seems you can change from a non-immigrant visa to an immigrant visa while in the US; however, there is a catch. You can only do this if it wasn't your plan. Basically, as long as US immigration believes you entered the US on a non-immigrant visa with the intent of leaving upon expirations, they will have no problem processing an immigrant visa application; however, if they believe you entered the US on a non-immigrant visa with the intention of remaining permanently by applying for an immigrant visa, they can have you removed. Here is a site with a little info on switching from a non-immigrant visa to an immigrant visa: http://www.immigrationgroup.com/CM/FSDP ... ?focus=faq.

I hope this else. Good luck. Cheers!

[jagacharaja]

It seems you can change from a non-immigrant visa to an immigrant visa while in the US; however, there is a catch. You can only do this if it wasn't your plan. Basically, as long as US immigration believes you entered the US on a non-immigrant visa with the intent of leaving upon expirations, they will have no problem processing an immigrant visa application; however, if they believe you entered the US on a non-immigrant visa with the intention of remaining permanently by applying for an immigrant visa, they can have you removed.

I heard that H1B is a dual-intent visa - so basically the above shouldn't apply for that category.....

[Tobbe]

Really good links again, thank you

If I get an employer to file an I-140 application for an EB3 and it gets approved am I allowed to work while waiting for an immigration number? I can’t see anywhere where it says I am so I guess not but surely they don’t expect companies to file a petition to employ somebody in 3 years time or more?

If it is the case that I’m allowed to work while waiting for the green card number, can my wife work during this time as well?

Jagacharaja: According to http://www.uscis.gov/files/article/E1_english.pdf H-1B, L-1A and L-1B are can be seen as dual intent visas. To bad I don’t qualify for a H1-B visa :/ but maybe I can get a transfer though

[jagacharaja]

Jagacharaja: According to http://www.uscis.gov/files/article/E1_english.pdf H-1B, L-1A and L-1B are can be seen as dual intent visas. To bad I don’t qualify for a H1-B visa :/ but maybe I can get a transfer though

Cool; thanks for confirming. With seven yrs of experience in a highly specialized field... are you sure you don't qualify? It should compensate for lack of degree, unless you've found out otherwise...