In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.
Overview:
The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
Be very clear with the attorney working on your case as to the kind of position that you will be applying for.
In this segment, attorney Jacob J. Sapochnick answers one of our most frequently asked questions: I am an H-1B visa holder, and just found a new job. How can I start working for my new employer? To learn more about the H-1B visa click here.
Overview:
You may start working for a new employer, as soon as you have found a committed employer willing to file a petition for you. However, you do not need your petition to be filed in order to start working for the new employer. Additionally, you do not need to have an approval for the new employment in order to begin employment;
The American Competitiveness 21st Century Act allows an immigrant to begin working for a new H-1B employer as soon as that new employer files a petition.
In this segment, attorney Jacob J. Sapochnick discusses the key to filing a successful self-employed H-1B petition. For more information please contact us for a consultation.
One of the most important factors in filing a successful self employed H-1B petition is to demonstrate that there is an existing board of directors that would relieve the H1B employee from taking major decisions.
In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: Do I qualify for the H-1B visa? For more information about the H-1B visa please click here.
Overview:
–Educational or Equivalent Component
In order to qualify the applicant must meet certain educational and/or work related requirements. The applicant must possess a bachelor’s degree, its equivalent, or the necessary work experience to perform the specialty occupation
– Employer/Employee Relationship and Prevailing Wage
To qualify your American employer must sponsor your H-1B visa and be willing to pay you the prevailing wage in order for you to get the visa
– As there are too many people applying, it is very important to apply as early as possible
Thinking of applying for the H-1B visa? Not sure what qualifies as a specialty occupation? In this segment attorney Jacob J. Sapochnick answers your questions regarding what specialty occupations are permissible for H-1B visa.
The H-1B visa is for professionals who possess either a U.S. master’s or bachelor’s degree, bachelor’s degree equivalency, or work experience necessary to fill a specialty occupation. Normally this requires possession of a degree or evidence that the applicant possesses the relevant experience to fill the position. The H-1B visa allows you to live and work in the United States. The classification also covers your dependents who may live and study in the United States. Even if your job is not considered a common ‘H-1B occupation’ there may be ways for you to obtain it.
In this episode attorney Jacob Sapochnick, Esq. explains how a foreigner can apply for a work visa/permit and the steps required to do so. It is important for foreigners to understand that most work visas require an employer who is willing to sponsor a foreign worker and most work permits are usually a benefit of some sort of a petition. If you are a foreigner and your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit. An H1B visa has a small exemption for self-employment.
For questions and legal advice please call our office for a legal consultation.
In this segment, Attorney Jacob J. Sapochnick responds to one of our most frequently asked questions. Can an H1B employee work at different sites and locations? Can an H1B employee change jobs easily? Find out here. For legal advice please call our office for a legal consultation.
You have applied for an H1B or L1 Visa and have been denied? What next?
Our office has extensive experience assisting clients in filing H-1B petitions. We also help clients who are considering their options if the case is denied.
Filing a motion to reopen is only one of the options. There are other options that may be available to you considering the circumstances of your case. If you have any questions regarding filing a motion to reopen or require additional information, do not hesitate to contact our office.
In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?
While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.
You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:
EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.
For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram
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Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
Immigration Lawyer Blog
