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Is there any option to take up work in a US company without H1B visa?

Atlanta, GA |

Hi, I'm currently working in India for Company X. I have a job offer in a US company based out of Atlanta (Lets call Company Y). Company Y has offices in Atlanta, Mexico, London and Sydney but do not have any office in India. Y has offered me a position in their company at Atlanta Office. However the H1B visa cap has reached for this year and I cannot apply for it anymore
Is there any other option through which I can take up the offer from Company Y. They are also ok to make an offer to me in their other locations outside US if that would help me come to US sooner.
Additional info: I have a B1 Visa and have made two short trips to the US in the past.
Please help. Also point me to any consultancies who provide these services. I can request company Y to get in touch with them.

Attorney Answers 3


  1. Best answer

    At this time, you may accept employment at the company in any other location ouside of the U.S. Work at that location for at least one year, then file for L visa, intercompany transfer. It ios much faster and it will gove you the three years that you want to work in the U.S. You can also extend the visa for another three years.

    Good luck

    Elkhalil Law Firm, LLC
    Hassan Elkhalil
    www.greencardusa.com
    (770) 612-3499

    Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.


  2. I agree with attorney Elkhalil ... work outside of the US & qualify for the L.

    His firm, and mine, are two options for you in choosing an attorney to consult with.

    _______________________________________________________________________________________
    Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law - franco@capriotti.com

    Our services are not limited by State, nor International bounderies. Our licenses allow us to represent people worldwide.
    _______________________________________________________________________________________
    Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action.

    Consider contacting one of the attorneys on Avvo, or www.ailalawyer.com

    NOTE: If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/
    _____________________________________________________________________________________

    Capriotti International Law
    www.capriotti.com
    franco@capriotti.com
    1-503-221-1600
    SKYPE AVAILABLE

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. Not in the US under the facts you give.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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