Q: Philippine national working home-based for one US-based company for the last 5 years. What are my immigration options?
Due to financial problems, I dropped out of college and worked as a programmer for a couple of local companies. Papers did not matter to them because I had a fair bit of self-taught skills they needed. I have been outsourced by a US company five years ago and I have been working for them ever since. Now I have reached a point where we can say that I am an important part of the company so they told me they want to help me migrate to the US. We are contemplating the H1-B way but are there any other more viable options because my position in their company is specialized? Can my work experience be considered equivalency for bachelors degree including my experience with the current company who wants to help bring me to the US?
A: Have you maintained lawful status at all times? If you were on F-1, then let it lapse, and worked for 5 years without authorization, you have a problem. Having an employer file your H-1B now without addressing unlawful presence could land you in Immigration Court. Seek the advice of counsel.
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