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 Posted 10/2/2011 3:37:40 AM
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Hi,
  I m homeopath doctor from India. I have 5 and 1/2 year degree from India. Currently in USA on dependent visa. A homeopath from USA has offered me a job to work with her as a assistant and she is ready to sponsor me H1B. But I do not have US bachalor degree . Is there any possibility for me to get the H1B visa? 

  Kindly reply me.
Post #5221
 Posted 10/2/2011 5:02:11 AM
Supreme Being

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You don't have to have an American degree-any country's degree of bachelors level or higher is enough to qualify, if there are no local workers who can fill the job.
Post #5222
 Posted 11/10/2011 8:18:09 PM
Supreme Being

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They wont look for a US Bachelor degree in particular.I think she can sponsor you in this case.Good Luck!!!!




sheetalk (10/2/2011)
Hi,
  I m homeopath doctor from India. I have 5 and 1/2 year degree from India. Currently in USA on dependent visa. A homeopath from USA has offered me a job to work with her as a assistant and she is ready to sponsor me H1B. But I do not have US bachalor degree . Is there any possibility for me to get the H1B visa? 

  Kindly reply me.
Post #6131
 Posted 11/13/2011 1:10:47 AM
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Hi,


I currently have an HIB stamp in my passport through an academic employer-valid until 2013.


But I have recently accepted a position in an industrial firm and they will be processing my new H1B- (industrial) visa for me to transfer and start working for them.  I will have the approval visa document by early December.


However, I will be leaving the country (going to my home country-India) after I obtain the visa approval documents from my industrial firm.


DO I NEED TO GET ANOTHER H1B STAMP when I go home this time or can I show my visa approval letter from my new industrial employer and old visa stamp on my return back into US. 





I really appreciate your support and help. Please do assist me in finding an answer.


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Post #6153
 Posted 11/13/2011 1:12:34 AM
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Hi,





I currently have an HIB stamp in my passport through an academic employer-valid until 2013.


But I have recently accepted a position in an industrial firm and they will be processing my new H1B- (industrial) visa for me to transfer and start working for them.  I will have the approval visa document by early December.


However, I will be leaving the country (going to my home country-India) after I obtain the visa approval documents from my industrial firm.


DO I NEED TO GET ANOTHER H1B STAMP when I go home this time or can I show my visa approval letter from my new industrial employer and old visa stamp on my return back into US. 





I really appreciate your support and help. Please do assist me in finding an answer.
Post #6154
 Posted 11/15/2011 2:20:09 PM
Supreme Being

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osr2010 (11/13/2011)
Hi,





I currently have an HIB stamp in my passport through an academic employer-valid until 2013.

But I have recently accepted a position in an industrial firm and they will be processing my new H1B- (industrial) visa for me to transfer and start working for them.  I will have the approval visa document by early December.

However, I will be leaving the country (going to my home country-India) after I obtain the visa approval documents from my industrial firm.

DO I NEED TO GET ANOTHER H1B STAMP when I go home this time or can I show my visa approval letter from my new industrial employer and old visa stamp on my return back into US. 

I really appreciate your support and help. Please do assist me in finding an answer.


You can switch jobs and work for another em­ployer inH-1B status. This change in employment requires the filing of a new Labor Condition Application with the DOL and a new H-1B petition with USCIS. Aprovision in the law called “portability” allows you to begin working for a new H-1B employer as soon as the new employer files an H-1B petition on your behalf. You can change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition on your behalf before you begin working for the new employer. Some limitations do apply.

Since you will be traveling, have a copy of the Form I-797 Filing Receipt showing that a petition was filed by a new employer, and also carry a letter from the new employer stating that you are currently working for the new company.

Post #6220
 Posted 11/15/2011 8:18:32 PM
Supreme Being

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Kevin-might there be a problem here though that his original H1b is academic? I know that not all H1b visas are capped-only industrial ones. If the academic visa is not capped, then portability does not work because of the fact that you cannot port from uncapped to capped. It would require an entirely new application and waiting for it to be approved.
Post #6228
 Posted 11/16/2011 5:04:53 AM
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that's right portability does not apply and my new employer (industrial) has applied for new visa with new petition. I was mainly concerned about getting a new H1-B stamp when I leave the country to show upon my return.
Post #6243
 Posted 11/16/2011 6:45:37 AM
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Is it not true that carrying the I-797 approval letter would take care of the situation? Or does that only apply within the country and not if traveling outside the country?
Post #6245
 Posted 11/17/2011 3:09:54 PM
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AcrossThePond (11/16/2011)
Kevin-might there be a problem here though that his original H1b is academic? I know that not all H1b visas are capped-only industrial ones. If the academic visa is not capped, then portability does not work because of the fact that you cannot port from uncapped to capped. It would require an entirely new application and waiting for it to be approved.


ATP, the H1B process is quite a tricky one. The industrial H1B is not cap exempt,so an application will have to filed early to make sure that an H1B visa is still available from the yearly cap.

To what I came across, you can transfer from a cap-exempt H1B to a capped H1B. The new employer will have to file for H1B transfer. The industrial H1B is not cap exempt, so an application will have to filed early to make sure that an H1B visa is still available from the yearly cap of 65000 visas.


Would like to know your views on this...


Edited: 11/17/2011 8:06:22 PM by kevin kallis
Post #6252


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