Green Card without Degree - From F1 visa

[iran33 0]

belinda63, the "dilema" is to understand if I have the requirements. If I don't (if my chance to be denied is high) I can get issues if I try to apply to H1 or to renew my F1 in a future... makes sense?

F1H1I130, yes, I know that, I have my CPT approved and I can work, that's not the "problem".

[sebastianshaw 97]

I don't understand what your issue is. You apply for the job, it cost you nothing. Your employer decides if they want to hire you and they do all the work and pay all the money. So what is your dilemma?

It might not cost him the financial expenses. But once a green card is filed for him his INTENT changes to immigrant on a NON_IMMIGRANT status, So if he gets rejected, he would not be allowed to come back in the country (if he travels) and also might have problems in getting a non-immigrant visa like extension of F1 and the benefits thereof like OPT

[iran33 0]

Sebastian, this is exactly the problem... my future if I get denied...

[sebastianshaw 97]

@

rafaelcmrj

Frankly had i been in your position i wont take the risk. Had it been a green card through family/spouse like my case, it was not even a discussion, and you would have been in the clear.

Your fear is reasonable and i dont think is worth the risk. However, do discuss with the attorney directly, but as far as my experience goes, good attorneys are rare and might nudge you to file even if they think the probability is low.

Best of Luck !

[iran33 0]

Yes, attorneys will also say it's possible, just to take your money... I will think about it... thank you

[GabbyBird 53]

Have you investigated the company offering to sponsor? I've worked with a few Indian H1b employees that were promised green cards by their contracting company.. Issue is they never deliver and have left several of them in limbo.

Just something to be extra careful about, but it sounds like are are the cautious type. Good luck!

[Merrytooth 5,748]

Yes, attorneys will also say it's possible, just to take your money... I will think about it... thank you

It should be the employer that is hiring you to pay for all expenses including attorney fees.

If you have to pay them money, then something is not right.

[geowrian 22,335]

Guys, I got your points. They all make sense... the answer is: yes, I'm eligible but it's hard to achieve. So...

If you were in my situation... you have a sponsor, you have the experience to the job, but you don't have a degree and you are in a F1 (non-immigrant) visa.. what would you do?

Thanks a lot, you are awesome.

Well, that's hard to do as our circumstances (and risk tolerance) will never match yours. That said, I personally wouldn't as it could jeopardize my existing/future status and only has a low chance of success. And it takes a lot of time...almost everything with the USCIS takes time, but it's still a decent journey.

The biggest hurdle (from my understanding of your circumstances) is that the company has to demonstrate the need to sponsor you instead of trying to hire somebody else who is already a legal resident. Just as some examples, here are just a couple reasons that will NOT justify their need to sponsor you:

• He's already working for us.
• We already trained him / we would have to retrain somebody else.
• He's a great employee / he's the best we've ever had / he has a bright future with us.
• We would have to pay somebody else with his skills more (This statement would be an immigration nightmare for both you and them IMHO).
• And many more...

While certainly not a given, here's a brief example of somebody that might qualify:

Jane is an international business manager for ACME. She has close business ties between the company sponsoring her and companies in her home country that do business with ACME. She's been doing the work for several years. In her situation, the sponsor could try to claim that there is a need to hire her because finding similar candidates with that specific skill set (even without a degree) is not common in their area. Additionally, she has some unique attributes in that she has business ties that (in all likelihood) other candidates simply won't as they probably don't know her home country's businesses nearly as well.

Best of luck to you!

Edited December 19, 2016 by geowrian

[iran33 0]

I will pay nothing, but it doesn't mean I will let my sponsor spend money for something that the chances are low...

[apalachidoremi 10]

from what I know they will also need to verify if the position you are being offered is in the list of skilled/vocational categories. If granted ,you are, then the next thing is to show that you have the documents proving you are indeed licensed, or certified to work in that capacity.

[Nathan&Emily 10]

Can we ask what the job is? Might help to understand why or how you would be uniquely qualified for it?

[iran33 0]

Nathan&Emily, sure... I'm a web developer... there are MANY different ways you can label a web developer such as Web Developer, Software Developer, Front-end Developer, etc... My main focus today is React Native and Ionic 2, so I don't think it's easy enough to find another one that uses React Native and/or Ionic 2 or 1 with 2yrs of experience in Ionic, for example.

[geowrian 22,335]

Nathan&Emily, sure... I'm a web developer... there are MANY different ways you can label a web developer such as Web Developer, Software Developer, Front-end Developer, etc... My main focus today is React Native and Ionic 2, so I don't think it's easy enough to find another one that uses React Native and/or Ionic 2 or 1 with 2yrs of experience in Ionic, for example.

Cool. Good luck, man! It's a great field to get into.

That said, I'm a Solutions Architect and lead a team of developers with various language skill sets new and old, with a heavy focus on mobile app development. I teach mobile app development at a local university, too. I just think it would be hard for a company to justify needing to bring in an immigrant as a quick search shows there are people looking for positions with those skills or very similar skills. Even without that, React/Ionic are extensions of existing frameworks and languages with a far wider reach. The frameworks are designed to make use of an existing (fairly common) skill set and build upon it. Of course having somebody who has been working specifically in it for 2+ years is probably more skilled and productive than somebody who only works with HTML and JavaScript and/or native apps, but it would honestly be a bit of a tough sell to say that it's so far distinct from existing skill sets that they need to go outside of the existing eligible job pool to fill it.

Again...take it with a grain of salt. That's just my take on it, but I thought it would be helpful since I work in that field. Also, best of luck again! I do wish you the best.

[Nathan&Emily 10]

Nathan&Emily, sure... I'm a web developer... there are MANY different ways you can label a web developer such as Web Developer, Software Developer, Front-end Developer, etc... My main focus today is React Native and Ionic 2, so I don't think it's easy enough to find another one that uses React Native and/or Ionic 2 or 1 with 2yrs of experience in Ionic, for example.

That helps a little. Certain experience and web design is subjective and you either have it or you don't. That said there are a lot of Americans who will be able to do that sorta job too. Whether they have your experience with the programming languages and skillset you have is another matter though.

[iran33 0]

Yeah, I know there are a lot of good programmers in U.S, for sure, but this client already tried to hire someone in his area and he couldn't find anybody. Maybe Fort Worth (TX) area is not good enough for software development... (just thoughts)