QUESTION
What are the other options for my brother to be able to come here?
Asked on Sep 17th, 2012 on Immigration - Mississippi
More details to this question:
I applied in 2007 for my brother to get an immigrant visa. He resides in Israel and would like to find a job here. He has a couple of employers that are interested in hiring him. My question is, as per the visa bulletin, he still has about 6 more years to wait for the immigrant visa. How does he go about applying for the h1b? Can he come here on a tourist visa and wait till he gets the h1b? There is another option that his wife can come on a student visa. I know he can't work here but if the employer can file an h1b visa for him, is it possible?
4 ANSWERS
Yes, he would be eligible for a H-1B if an employer were to offer him a position and file a H-1B visa petition on his behalf. The earliest a new H-1B visa petition could be filed would be April 1, 2013 for a start date of employment of no earlier than October 1, 2013.
Answered on Sep 21st, 2012 at 1:28 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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If he wants to work in the U.S., the appropriate visa is H-1B provided the employment offer meets the requirements of H-1B classification and he has the qualifications required to work in the position offered. Your brother will need an approved petition for H-1B classification in order to apply for a visa at a U.S. consulate in Israel. The petition is filed by the U.S. employer with the USCIS in Form I-129. Since the quota has been reached for fiscal year 2013 (which will start on October 1, 2012), the employer has to wait for the next fiscal year's visa allocation. For 2014, the earliest filing date is April 1, 2013 and the earliest employment start date is October 1, 2013.
Answered on Sep 21st, 2012 at 12:25 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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He can't apply for H1B by himself personally. Only the employer can petition for him on Form I-129.
Answered on Sep 21st, 2012 at 12:23 PM
Thomas J. Rosser
(Option 1) Your brother's potential employer would file for his H-1B while he is still in Israel and, upon approval by the respective USCIS Service Center and registration in PIMS, he would consular process for the issuance of the actual visa and then enter the U.S. (Option 2) His wife enters on an F-1 student visa and he comes in with her as an F-2 derivative spouse (without work authorization) and then the attorney for the prospective employer files for change of status from F-2 to H-1B as part of the initial H process. We do not recommend attempting to change status to H-1B from a B-2 tourist visa since many such cases are denied due to misrepresentation of "non-immigrant intent" at the time of seeking and obtaining the B-2 visa abroad. Your brother (and the prospective employer) should seek competent representation from experienced immigration counsel for such a case due to the complexities involved. Firms such as ours handle such cases routinely for employers and beneficiaries in any of the 50 states.
Answered on Sep 21st, 2012 at 12:15 PM