Company not processing H1B VISA - Mechanical Dept in BE

[jayindia]

Hi all,

First Question:

My company not processeing my H1B visa for 2014. They say I need to have 3years of work experience before filing the same as i was graduated in Mechanical Engineering in BE , but now working in an IT firm (**************).

Is this rule applicable for H1B filing ??

Second Question:

I will complete my 3yrs of work experience on March 29th 2013, in my company they aleady started processing LCA's for other guys but they have not started and put me in hold till MARCH29th.

Can I even eligible for LCA filing before 3 years. Is it there in US Immigration rules ??

I have the doubt the CAP for 2014 will complete soon. Do you have any suggestions for my case.

Thanks,

Jay

[t75]

No company is required to file for an H1B for employees desiring one. If you do not like their rules, find a new employer. Cap filing for 2014 is not even open yet. They may be doing the paperwork but nothing is in processing.

[shandan]

H1 processing is totally the companies perogative, and you do not have a say in it. So even if you ever Masters in Computer Science, company can choose not to process H1 for you.

That said, your company is being cautious as H1 processing these days with USCIS is getting tougher, and you not having a degree in Comp Science/IT would make is even more difficult for the company to prove you are the person they could find to fill a position when there are some many Comp Science/IT resources available in US.

[optimust]

No offense bro but if I was your employer, I would never file a H1 for you. Your communication skills are so bad that you seriously need to work on it. Getting H1 is very competitive and I am sure I would be able to find much better employees than you at least at the moment.

[kakajunior]

In general if you're not an IT major it's very difficult to file a H-1B for you with less than 5 years of experience.