I am on the brink of gaining a new job in NC, which would require me to switch from a J1 teaching visa to a work visa (I guess a H1B?). What is the process of this as the company wishing to employ me is a brand new school and so they are unsure which road to go down and how difficult the process is?
Thank you for your time.Also, I am not in requirement to have the 2year home stay after J1 status.
Remember that it is the employer that gets the visa for you. And the best thing for them is to hire an immigration attorney to do the work. At the very least, get a detailed consultation so they get to understand what is involved. Your future is very uncertain if your new employer is unsure like this. You may be taking a big risk.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
There are many requirements and obligation imposed on an employer sponsoring someone for an H-1B visa (if that is the most appropriate visa classification), so your employer should retain immigration counsel to discuss the situation with them, the most appropriate visa classification, and their obligations under that classification.
The process is for the school to petition you for an H-1B "Professional Worker" visa . Hopefully you meet the academic requirements for the job offered. The process begins with the prospective employer first requesting and obtaining a "prevailing wage determination" (PWD) for the job position from The US department of labor, then filing for a "Labor Condition Application" (LCA), also with DOL, and once the LCA "certified" (approved) by DOL, filing a Form I-129/"H" petition on your behalf with USCIS. Needless to say all of the above steps are quite complex and difficult to properly plan and execute for the clueless employer wothout proper attorney guidance.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The school will file for the H-1B along with a Change of status if you are eligible.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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