H1 Application Questions

[mynx]

We came to the US from South Africa in 2010 on a B1/B2 visa, during the 6mths we applied for an L1 visa which was approved. We are now at the stage for an L1 extension filing, however our attorney has advised that based on the evidence he strongly believes that the L1 extension will be denied and has advised that we apply for an H1B.

Our L1 visa expires on May 10 2012, our attorney has suggested that we apply for a B1 extension and the H1B at the same time. Also, my husband requires an evaluation for the H1B as he does not have a degree, only working experience in the IT Industry.

My question is, if we apply for the H1B visa prior to May 10 2012 will it be ok for us to remain in the US until we receive a reply from USCIS? My concern is that as of May 10 2012 our L1 visa is no longer valid and same goes for the B1. So technically we would have no valid visa's. I just don't want to go and unecessarily spend thousands of dollars for the B1 extension and the purchasing of return flights to South Africa if it is not needed.

2nd question, the education evaluation, I have not found any resources online that tell me how it would work if the person has no degree at all, only work experience. How would they assess this and is it sufficient?

Any help or answers would be appreciated!

[shervin143]

My question is, if we apply for the H1B visa prior to May 10 2012 will it be ok for us to remain in the US until we receive a reply from USCIS? My concern is that as of May 10 2012 our L1 visa is no longer valid and same goes for the B1. So technically we would have no valid visa's. I just don't want to go and unecessarily spend thousands of dollars for the B1 extension and the purchasing of return flights to South Africa if it is not needed.
>>> You cannot stay in the country after filing the H1B petition. H1B will be effective only from Oct 1st or later. Until Oct 1st, yuo need to be in a valid status. The best option in your case is to file the L1 extension and then file the H1B. You can continue to stay and work when the L1 extension is pending with USCIS. A change of status to H1B can be filed based on the pending L1 extension. If the L1 extension is not filed, then the H1B will not get approved as a COS. The approval might come without a new I-94 forcing you to leave the country. Also, the time spend in U.S after your last I-94 expiry date will be considered to be illegal stay. Applying B1 doesn't seem like a good option.

2nd question, the education evaluation, I have not found any resources online that tell me how it would work if the person has no degree at all, only work experience. How would they assess this and is it sufficient?
>>> Check the requirement for H1B. The chances of H1B getting approved without the proper skillset is very less.
https://www.immihelp.com/h1-visa-requirements/

[mynx]

An update.

We have filed for a B2 visa to keep within legal status until we move over to the H1B. Our attorneys say we should receive a decision in 3-6mths.

My husband did the evaluation for the H1B and it he had sufficient work experience to equal a degree, so we are proceeding with the H1B application, currently our attorneys are putting everything together to file asap.

Our L1 visa's expire in 2 days...

We're hoping for the best!! We really want to stay with our family. My parents recently received their green cards, they went the EB5 route and were successful!