WHAT IS THE STATUS OF A NEW FILING FOR AN H1B

An H1B visa allows person who have bachelor degree to apply to obtain a nonimmigrant visa through an employer sponsor which provides them with a three year term nonimmigrant visa for the position offered.

When the H1B application must be filed?

An H1B application must be filed on April 1, 2009 at the Service Center. This means that persons interested to obtain an H1B visa must consult with their attorney now so that all documentation, labor certification be filed, posting at the job site be completed and application prepared to be filed before April 1, 2009

Who qualifies as an employer?

An employer could be either a US citizen corporation or a sole proprietorship. The company must be in business for approximately three (3) years and have sufficient income to pay the prevailing wages for the position offered.

What type of employer that can sponsor me?

An employer that can sponsor an applicant must have a need for the person’s degree, education and experience. The line of business of the employer must be in line with the applicant’s education and experience.

What are the quotas for the H1B visa?

The current quota is 60,000 visas. However, President Elect Obama has promised to double the quota to allow foreign workers from taking advantage of the employment visa.

Can a Renew my H1B visa after the three years?

Yes, you can renew an H1B to another three years term, a maximum total of six years total. 

Can my nonimmigrant visa be transferred to a green card?

Yes, once the H1B visa is granted. The applicant and the employer can work on planning to have the position permanent. In this respect, applicant will have to go through a PERM application to obtain a green card.

FOR MORE QUESTIONS FROM OUR READERS, PLEASE ASK GIHAN THOMAS AND SHE WILL GIVE YOU HER LEGAL ADVISE.

Phone number is 310 203 2242 or
Email at gihanthomaslaw@yahoo.com

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