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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118631
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a job offer. But my sponsor has never before hired a

Customer Question

hello! I have a job offer. But my sponsor has never before hired a foreigner. My field is research.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Seattle, WA. And I am from Colombia
JA: Has anything been filed or reported?
Customer: what do you mean? like any form?
JA: Anything else you want the lawyer to know before I connect you?
Customer: oh!. I enter the country with F1. I am currently in Seattle and I'm out of status, but I'm going back to Colombia before 6 months out of status. That can affect me when at the moment to ask a new visa?. Also, For my sponsor is not be unusual to hire a post-doctoral fellow from a foreign country for training purposes for a set amount of time, But they do not know what kind of evidence they need to provide for hire me over someone who has a visa or permanent residence status here in the US. I am biologist, and my job it would be a research technician (I do not have pH.D)
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you leave the country before 6 months where a reentry penalty is incurred, then you can generally return to the US without any issues. Your prospective employer has to file your H1b paperwork before April 2017 and the H1b will not be decided until October. Your prospective employer will need to have a local immigration attorney complete and submit the paperwork to USCIS for the H1b lottery, because any small errors on the paperwork can cause the visa to be denied.

The employer needs to provide proof they advertised the position and you are still the best qualified candidate for the position and they cannot find any US Citizens to do the work you are qualified to perform, you do not need a PhD, you just need to have the special skills for the position.

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