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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4703
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I'm Taiwanese. I came to the US as a student on an F-1,

Customer Question

Hi, I'm Taiwanese. I came to the US as a student on an F-1, completed my Interior Design studies then worked for a company for the duration allowed on my OPT. The company I worked for have said that they would like to hire me full-time now. However, I have missed the date for applying for a H-1B. Should I apply for an O Visa, but I don't have national/international recognized achievement? Or a green card? but what are the requirements? If it's so hard to get H1B, why don't people just get a green card through employment?
The company has agreed to help me get a visa or green card.
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello there, my name is ***** ***** I will be the immigration attorney helping you today. First, What is your current status int he US if you already worked and used your time on OPT?
Customer: replied 1 year ago.
Curently I am on a visa waiver as I went home to Taiwan for a few weeks. Now I'm back in the US
Expert:  Jen Marie, Esq. replied 1 year ago.
Thanks for the information. Since you are here on visa waiver, I just want to first make sure you know that you would need to return home whether you apply for the O1 visa or the green card. You are not able to change your status to anything else when you come in on visa waiver. Applying for the O1 is an option for you to explore but whether you would be approved or not does depend upon having national/international achievement, so if you already know that you do not have that, then it is not worth applying. You may want to see a local immigration attorney who can look over your achievements carefully and see if they believe you have a chance. As far as the green card, the requirements are : having a company that is willing to sponsor you for a position in your area of study/experience. The position has to require the degree/experience you have and the employer has to be able to pay the prevailing wage for the position. Some people likely choose visas or green card right away because not all employers are willing to sponsor for a green card and also it's a lot of work to do and takes a lot of time and money. Your employer will have to go to the extensive labor certification process to prove that you are not taking a job from a US citizen/resident. It could take about 6 months. Then after that they have to submit the I-140 and prove that their company is profitable and can sustain your position, etc. There's a variety of things that must be proven. Then you have to wait until there is a visa available for your employment based category. I know immigration issues sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

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