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I am working for US based company for almost 3.5 years remotly from Internet. They want to sponsor me for work in US office. The company was a startup now its an established company I was working with with them from beginning.

Information about me:

  • I am Senior Software Developer.
  • I don't have any contract with company yet
  • I don't have Baccalaureate Degree yet, 3 semesters are remaining to complete it.
  • 3 Years of experience with company

So, My question is in which category can use to move forward for my visa application?

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    In what capacity did you work for them for 3.5 years? – Karlson Jul 27 '15 at 12:43
  • I work fulltime 8 hours every day 5 days a week. I started as a developer but not my status is as Project Manager in company.I am literally managing all development team remotly and handling all technicall stuff of company. There is no development team in USA and they want to build a team in USA. I know everything about our products and services so they want to bring me in first and than hire others within USA – Yousaf Jul 27 '15 at 12:46
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    As an employee, a contractor, freelancer, volunteer? – Karlson Jul 27 '15 at 12:47
  • I am working as freelancer for them – Yousaf Jul 27 '15 at 12:49
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You can probably qualify for H1b, but that means the company will only be able apply for a H1b on your behalf next April. There's a lot of demand for H1b visas and their number is limited, so there will probably be a lottery sometime in April between all the applicants. If you "win" that lottery, and your H1b visa is approved, you'll be able to start working in the US next October. I.e.: the whole process will allow you to move to the US in more than a year from now. If at all, most people don't get the H1b visas (I believe this year it was about 40% of all applicants who got one).

I don't think you'll qualify for L1, but your company should probably hire an immigration attorney to research that. In any case you cannot apply for yourself, your employer is the one applying.

  • Thanks for the response and what about E1 for managerial role ? – Yousaf Jul 28 '15 at 5:49
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    @Yousaf E1 is a treaty based visa. You'll need to work with a lawyer to make sure all the conditions are met. Not all countries have a treaty with the US that allows a E1 visa. – littleadv Jul 28 '15 at 6:33

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