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(Message started by: eaton 466 on Apr 17^th, 2005, 11:39am)

Title: h1b work permit as a technology specialist?
Post by eaton 466 on Apr 17^th, 2005, 11:39am

Dear fellow board members,
The law firms that hire Technology Specs, do they care if the person is US resident or not? Will they hire foreigners who already have a US work visa (H1B)? If yes, will they process green card applications for these people after they employed them for a few years?
Thank you,
John M.

Title: Re: h1b work permit as a technology specialist?
Post by patento on Apr 17^th, 2005, 10:09pm

Before that, you will need to find if USPTO will accept your immigration status before allowing you to register.

Title: Re: h1b work permit as a technology specialist?
Post by Jonathan on Apr 17^th, 2005, 10:12pm

They probably do not care about citizenship, they will only care about whether the person is legal to work in the U.S. I think it is unlikely that they will sponsor an H1b visa - hiring a person initially or hiring someone that already has one. Just my opinion, though.

Title: Re: h1b work permit as a technology specialist?
Post by melwrc on Apr 18^th, 2005, 6:56am

We have two H1b Canadians at my firm. It's an uphill battle to find a job just because of the extra effort and cost of dealing with H1b's. You have to be an upper level candidate. Already having the visa helps.

I don't know about the green card, but generally, if a firm considers you to be a valuable asset, they'll do what it takes to keep you. Then again, that H1b makes you less portable...

As for registering with the PTO, they will let you take the patent bar regardless of immigration status, BUT if you are an H1b, you are never listed as an agent. There's a special status deal where you have to send in a document showing the status everytime you sign a document or talk to an Examiner. If you are a permanent resident (green card), my understanding is that you can become an agent.

Title: Re: h1b work permit as a technology specialist?
Post by IPLVR on May 24^th, 2005, 2:49pm

melwrc,

I would be interested to hear about those individuals. I am a canadian myself working at major US law firm - but I am on a TN and in the process of trying to find another job. I already lost a job offer due to the visa.

Title: Re: h1b work permit as a technology specialist?
Post by melwrc on May 24^th, 2005, 4:18pm

They are both software guys, which definitely helped. Various firms are more or less willing to deal with the visa hassle. Unfortunately, there's no way to know until you try to get a job and the interview turns sour after your immigration status comes up.

Title: Re: h1b work permit as a technology specialist?
Post by IPLVR on May 25^th, 2005, 6:36am

Yes, I know what you mean. :o I actually had a job offer withdrawn because of a refusal to sponsor me :o. One minute the firm wanted me to start the next day a couple of days later they said there never was an offer ???

Title: Re: h1b work permit as a technology specialist?
Post by Samo on Jul 11^th, 2005, 8:22pm

Hi I am a Canadian as well. and my question is does it matter if Ihave a TN-1 or a H1B visa in applying for the Patent Bar at USPTO? Also, from you say, does that mean they would allow you to take the exam but not allow your name be listed if you are not a US citizen or greencard holder. If this is the case, go back to the original question, useful to write the exam in the first place for people with status like me?

thx,
Samuel

Title: Re: h1b work permit as a technology specialist?
Post by minih1b on Apr 16^th, 2006, 1:22am

http://www.usvisaportal.com

Title: Re: h1b work permit as a technology specialist?
Post by Isaac on Apr 17^th, 2006, 9:40am

on 07/11/05 at 20:22:46, Samo wrote:

My understanding is that your status as TN-1, HB-1 alone does not determine whether you can take the exam. Also considered is whether the scope of your duties includes doing patent application work. Your question suggests that you do not yet have any assigned duties to consider, making the question difficult if not impossible to answer.

I'd suggest discussing the matter with the USPTO, and in particular with OED.

Title: Re: h1b work permit as a technology specialist?
Post by bzuccaro on Sep 7^th, 2006, 10:14am

Generally, any foreign citizen who is an attorney lawfully residing in the U.S. may register as a patent attorney to practice before the United States Patent and Trademark Office provided that the registration is not inconsistent with the terms of the foreign citizen’s U.S. immigration status. See 37 C.F.R. § 11.6 (a). Two nonimmigrant worker classifications that would permit practicing as an attorney before the USPTO are TN status under NAFTA (only available for Canadian and Mexican citizens) and H-1B visa status. Both of these categories permit foreign citizens to practice law in the U.S. A nonimmigrant is granted limited recognition to practice before the USPTO under 37 C.F.R. § 11.9 (b).

Foreign citizens who are not attorneys and who lawfully reside in the U.S. may register as a patent agent to practice before the USPTO. See 37 CFR § 11.6 (b). The most viable nonimmigrant worker classification for foreign citizens who seek to register as an agent is the H-1B visa. Canadian or Mexican citizens who are engineers or scientific technicians may be able to obtain TN status under NAFTA and register as an agent.