I want to get sponsor for a work visa, no I just have a employer that's willing to sponsor me, no that's why I'm online

Expert's Assistant chat
Customer: I want to get sponsor for a work visa
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: no I just have a employer that's willing to sponsor me
JA: Have you talked to a lawyer about the visa?
Customer: no that's why I'm online now seeking a attorney
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am already here and currently out of status
Answered by KwanL in 42 mins 1 year ago
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KwanL
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KwanL
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KwanL, Expert

Hello, I am an immigration attorney here to help you. I can only provide you advice on general law for GUIDANCE and EDUCATIONAL purposes so that you can narrow down your options, it is not legal advice. I will always do my best to help.

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KwanL, Expert

You will be needing an employment visa, if your employer is willing to sponsor you. It will be an H visa. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion

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KwanL, Expert

The link I provided is very accurate, directly from the USCIS (immigration). In short, the H1b process requires meticulously paperwork and surgical precision on the timing because they only allow a small window in April every year to receive applications. This means you have to get ready in December the year prior, ideally because it requires online pre-registration. The H1 process is elaborate process, employers usually will take care of it by either have their Human Resource department take care of it, or they will hire outside attorneys to do the work.

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KwanL, Expert

This is a well-written article on H1 to provide you with a general idea. https://www.nolo.com/legal-encyclopedia/h1b-visas

Customer
Hey thank you I was doing a bit of research my self and was leaning towards EB-3 can you take a look on that one
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KwanL, Expert

EB takes 9 months to process, it is another way of doing it.

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KwanL, Expert

I mean EB3. But we are under covid. So it may take slightly longer time.

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KwanL, Expert

EB3 can be a good way, as long as your employer is willing to work with you and wait for you within the same year for you to come.

Customer
hey give me sec I going to switch to call me
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KwanL, Expert

Since you mention EB3, I assume that you are not in the US?

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KwanL, Expert

No worries. I can offer your premium service.

Customer
yeap already in the us
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KwanL, Expert

Also, please feel free to ignore any phone service request unless you feel you would like to discuss directly and confidentially with me - otherwise, I am happy to continue texting.

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KwanL, Expert

Do you have an engineering degree?

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KwanL, Expert

The EB 3 application will require you to use the I140 form. So here is the link: https://www.uscis.gov/i-140

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KwanL, Expert

The instructions are good. My advice is to let your employer handle the application. Let them hire attorneys to do the paperwork for you.

Customer
no degree....... so here's the situation I've been working with my employer for a while now from bussing tables washing dishes to serving now I am currently the assistant manager
Customer
then we start talking about him sponsoring me to legally work here because i am currently out of status
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KwanL, Expert

In this case, I WILL STRONGLY ADVICE YOU to hire an attorney immediately in your local area and let them make sure that your application is TOP NOTCH. DON NOT DO IT YOURSELF. The application process will involve PERM labor certificate before you hand in your application. All the salaries and job descriptions have to match before a go ahead.

Customer
yea so after checking everything online I just need conformation from a immigration lawyer that its possible
Customer
the lawyer have to be from this state?
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KwanL, Expert

The reason I suggest that is because all those WORK VISAs (EB, H) have all been eaten up by college graduates who are foreigners, and US immigration policies always yield to Engineers (SOFTWARE especially), Medical personnel. So your application needs to be outstanding.

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KwanL, Expert

Yes, the lawyer better be in the United States. I don't see how ANY foreign attorneys outside the US can have control and mastery of your application.

Customer
as in my state sc
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KwanL, Expert

You said you are in the US, the lawyer better be within 30 minutes driving distance from you.

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KwanL, Expert

The process is a long process, which you will see, in case you have questions which YOU WILL, you can always show up at the lawyer's office.

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KwanL, Expert

Immigration law is Federal law, which means Attorneys from another state can help a client in a totally different state, BUT this is bad for the client. Because the client cannot even show up at the lawyer's office, they cannot even see how the lawyer operates. Most importantly, if the lawyer makes mistakes, the client will have difficulties finding the attorney to hold him liable for mistakes.

Customer
I also saw that there was some backlog regarding EB visa from country like china and india at some point
BUT with everything that's going on with the pandemic borders being close i think I might stand a better chance of approval because I am already here
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KwanL, Expert

Yes, you will find a IMMIGRATION LAWYER in SC to discuss with him/her.

Customer
Ok can you point me to any good Immigration Lawyer in Sc?
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KwanL, Expert

Everything is backlogged and delayed for a while. Whether you are here or not is not a concern. THE EMPLOYER is the concern, second concern is your degree and education.

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KwanL, Expert

I don't personally know anyone in SC that I can recommend. But this is what you do.

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KwanL, Expert

https://www.scbar.org/

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KwanL, Expert

Call the SC bar association (governing body for all the licensed attorneys). Ask them to recommend a few IMMIGRATION ATTORNEYS. Then you will check to see if those attorneys have any previous complaints, and also check their online review on avvo.com

Customer
for the employer he is willing to do the work and for the education or degree I think we can maybe try to qualify as a skilled or unskilled work not professional
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KwanL, Expert

Once you narrow down to three (not just one), test them by giving them a call. Feel them out. See which one you like.

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KwanL, Expert

Skilled and Unskilled is the category REALLY NEED AN EXCELLENT APPLICATION. You are using your life experience to trade-in for visa, your application needs to be good.

Customer
Thank you for your input
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KwanL, Expert

No worries. A good lawyer will make your application stand out from others, and he will work with your employer in making sure about that.

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KwanL, Expert

Hope this helps, I will return to check and see if you have follow-up questions. Just in case you decide to end this query, please leave me with a 5-star review. Thanks for using JustAnswer.

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KwanL, Expert

I just realized that you accepted my premium service offer. Please let me know your phone number.

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KwanL, Expert

You can contact me on that number.

Customer
Hi
Customer
i don't see your contact number
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KwanL, Expert

I will be giving you a call.

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KwanL, Expert

Thank you for using Permium Service and I am glad that we are able to discuss issues that this dialogue box could not have accomplished. I hope that you will find the right attorney to work with in your local area. Please leave me with a 5 star review, and thank you for using JustAnswer once again. Happy New Year.

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