Diploma holder (3 yrs) with 9+ yrs experience in IT - H1B or F1

[shirfan]

Hello,

 

I would like to know what is my elibigibility. I have done 3 years diploma in Automobiles engineering, then 1 year IT course. I am working in IT since 2005 with total 9+ years of experience. What is the possiblity I can get H1B visa for me + H4 for my wife n a kid? My current company can offer a job in US.

 

If H1B is not applicable, can I get an F1 visa to complete my graduation in USA + be able to work for my company at the same time in USA? I would like to work + study in this case.

 

Thank you.

[rahul412]

 

If H1B is not applicable, can I get an F1 visa to complete my graduation in USA + be able to work for my company at the same time in USA? I would like to work + study in this case.

You cannot work on F1 for that company.  Only H1 will allow you to work and study simultaneously.

[jairichi]

Hello,

 

I would like to know what is my elibigibility. I have done 3 years diploma in Automobiles engineering, then 1 year IT course. I am working in IT since 2005 with total 9+ years of experience. What is the possiblity I can get H1B visa for me + H4 for my wife n a kid? My current company can offer a job in US.

 

If H1B is not applicable, can I get an F1 visa to complete my graduation in USA + be able to work for my company at the same time in USA? I would like to work + study in this case.

 

Thank you.

You would need a minimum of 4 year bachelor's degree in a field relevant to H1B occupation to be eligible for H1B. 3 years of experience can substitute for 1 year of study. So, you would need to have 12 years of IT experience.

 

On F1 you can come to US and study but cannot work for your current employer.

[tux78]

Please consult a lawyer. and also see the page here http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements

 

I think Bachelor's degree is required but I have seen where "equivalent" also works but that is subjec to interpretation. So your diploma + experience might work but I am not certain. With F-1 visa, there are several restructions on working. If I remember, you can only work "on campus" for 20 hours during a full semester load.

[shandan]

To be eligible for an H1B, you should be qualified (Education + Experience) to do the job which falls in the category of specialized knowledge where there are no eligible US Citizen's/LPRs available to do the job. So that determination will be done by the Employer and then by the US Dept of Labor and finally by USCIS before approval of the H1B visa for you.

 

Now F1 visa is for students who want to come to US to persue Full Time Degree in the US and have no immigration intent. So the situation where you come over to US on F1 and do work/study is at the most a figment of your imagination, but certainly cannot be realized.

 

Again, talk to your employer and there attorney for your H1b as they should be the best source of information on the matter of your eligibility.

[t75]

If your current employer is offering the job, L1 is easier to get.

[shirfan]

Thank you guys for the replies.

 

Thank you t75 for suggesting L1. So for L1 once its expired after 5-7 years, can I still be eligible to green card or a new H1B? What is the limitation with L1 as compared to H1B?

 

Thank again!!