This includes the specific tasks, demands, duties, and actual requirements of the position. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. When applying for the H1B visa, a determination that the U.S. government makes is whether employees will be paid fairly for their work. Referral Partners. So happy to have worked with this law firm, We obtained them for my E2 Visa. Every one was. H1B extensions cannot be filed more than six months before the status expiration date. While on an H1B, you can apply for permanent resident status. If it is on a plain piece of paper, it should be notarized. Please be aware that all fees listed in this guide are subject to change. If your chances of success in your immigration journey are 10%, they wont give up and lead you somewhere you are fully qualified and successful. H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models. This can be done through a combination of education, training, and work experience. Please go on USCIS.GOV and check the filing location based on your employment details. I am taking XXX amount of money that I saved during my current job. However, this six year maximum only counts for time physically spent in the United States. Note that you cannot apply for a visa more than 90 days before the start date of the job. An immigration lawyer can assist you in determining where your petition should be mailed. Ashoori Law | U.S. Immigration Lawyers 2023 All Rights Reserved. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. One should be the original and the second, a copy, for consular processing. WebSample H1b visa Interview questions and answers covers almost all the topics. If you do not have the academic requirements standard for the job, you can still qualify for an H1B. Q:Do you have family in the USA?A: Answer Yes/No appropriately. WebBelow are some of the rights and responsibilities of a H1B visa holder Rights Possess your own passport and visa. I definitely recommend. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. We highly recommend Ashoori Law and can not thank them enough!! Ashoori have professional attorneys, they are very helpful and filing fees are affordable . What is the minimum wage requirement for obtaining an H1B visa? The minimum wage requirement for obtaining the H1B visa is USD 60000. To file for the H1B, the employer has to either pay the worker a minimum annual salary of $60000 or if they are paying the workers on an hourly basis, the total hourly rate must add up to $60000 per year. For further information about the numerical cap, see ourH-1B Cap Season page. The position must also meet one of the following criteria to qualify as a specialty occupation: For you to qualify to perform services in a specialty occupation you must meet one of the following criteria: Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelorsor higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**. The H4 visa is the dependent visa that attaches to the H1B visa. Q:What is the highest degree that you have?A:XXX. You may also be eligible to hold H1B status for longer if you have an approved EB-1, EB-2, and/or EB-3 petition. I am incredibly thankful for this law firm. When the Embassy makes a decision, they will stamp your passport and mail it back to you. They will ask you to explain your job, duties, and why you left. (Show them your certificates). Please be aware that an H1B petition can be revoked if any of the facts listed in the petition substantially change or were fraudulently stated. This guarantees you will receive a response within 15 calendar days, absent any RFEs. Web20 CFR 655.801 (b) and 20 CFR 655.810 (b) (2) $8,433. I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. One big advantage of H1B visa is the portability benefits. This means they can come to the United States with you. Contact. You will not be disappointed! Our attorney Rebecca and. highly recommended. There are only two exceptions to this rule: Those in healthcare professions should be aware that state guidelines supersede OOH requirements. Web1) What is the H-1B Visa? analysis, design, development, implementation, support, and enhancement. You must know the names of the company leaders and your supervisor. They were informative and very professional. Very efficient, very professional, very responsive. The firm's team are knowledgeable, professional, and attentive to every detail of my case. How will you pay for your expenses until you get your salary? WebYou should fulfill those responsibilities and obey all the laws in order to be compliant with the H-1B visa and avoid any trouble. The official employer letterhead that you use to print these letters should clearly show the companys address (could be any in case of multiple offices) and reachable contact numbers. Of course, you have to be cooperative to make that happen. H1B Job Description with Duties and Percentages Sample Template. WebSample H1b visa Interview questions and answers covers almost all the topics. They have been so helpful and very quick with responding! What happened in each round?A:Answer appropriately. On Oct. 19, 2021, the U.S. District Court, Northern District of California, San Jose Division, granted final approval of the settlement agreement. USCIS will make a decision on all eligible, timely-filed reopening requests within 90 days of our receipt of the physical file at the adjudicating office. challenges were quickly addressed. Q:Will they sell this product?A:Answer appropriately. Approved H1B petitions are valid for up to three years or through the validity period of the H1B petition, whichever is shorter. These days, they are not accepting co-worker written experience letters as legitimate. You may begin working concurrently for the cap-subject employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or as of the requested start date on that petition, whichever is later. In 2020, weimplemented anelectronic registration process for theH-1B cap. A statement indicating the names of noncitizenscurrently employed on the project in the United States and their dates of employment and the names of noncitizenswhose employment on the project ended within the past year. This lottery process begins with People are often surprised to learn that there are many different ways to lawfully work in the United States. USCIS expects that the H-1B employee has done relevant If you must reschedule, you have to inform the Embassy beforehand. professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. WebNow, in 2019, that rate has gone up to just over 60% The employer may sponsor an H-1 worker visa to apply for a green card, if desired This position (does/does not) require travel in order to perform the job duties File a Labor Condition Application (LCA) and wait until it is certified Roles And Responsibilities Of An L1 Visa Holder Roles And Responsibilities The H1B is a special visa that allows foreign nationals to enter the United States to perform specialty occupations. A specialty occupation is one that requires, at minimum, a bachelors degree or enough work experience that could equate a degree. My wife and I used Ashoori Law Services for our E2 Visa Application and were very happy with their work. Highly recommend law firm.Thanks to Ashoori Law firm.I have used their service for my E2 visa as well as E2 change of status as i needed both of them.I just got my E2 change of status approved.Great service by the Michael Ashoori and his team. Transcripts or certifications, accompanied with credentials evaluation (if applicable), Copies of training certificates, with an outline of the curriculum, Support letters from previous employers (if applicable), Biographic page(s) of passport(s) for applicant and any dependents, Statements from professional associations (if applicable), Written contract or summary of oral agreement, Evidence the degree required is required for all people in that position, ACWIA Fee: $1,500 for employers with 26 or more employees and $750 for employers with 25 or fewer employees, For petitioners with 50+ employees and with 50% or more of their employees holding H-1B, L-1A, or L-1B status (if applicable): $4,000, Premium Processing Fee (Form I-907): $1,440 (fee can be paid by beneficiary). Can you provide a description of your job? See the instructions to the Form I-129 (PDF, 641.66 KB)for additional filing requirements. Very happy with your services Very good at their work and they explain very well so that you have patience in the waiting processes, Ashoori Law helped get us an E2 visa. Not all foreign degrees titled bachelors degree are equivalent to a US institutions bachelors degree. If the electronic registration application is selected, petitioners can then submit Form I-129. Most H1B visa decisions are made immediately after the visa interview. 2023 AM22Tech| Sometimes the Embassy is so busy that they will reschedule the interview after a few weeks. If your current H-1B employer properly files a non-frivolous Form I-129 requesting new employment or a change of employment on your behalf, you are authorized to work according to the terms of the new or changed employment upon the filing of that petition, or as of the requested start date on that petition, whichever is later. As soon as I signed on they got to work right away to start gethering all Details. Every year, 65,000 H1Bs are made available, with an additional 20,000 visas reserved for those with advanced degrees. Ashoori Law has been a great partner throughout our immigration process. Employers can file H1B visas for students engaging in practical training who they wish to hire for a longer period of time and who meet all of the requirements outlined herein. The information presented in this article should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Do you remember the names of any of those interviewers?A:Answer appropriately. This practical training must focus on the theoretical application of your specialized field of knowledge. Excellent service extended by Lorianne & team @ Ashoori Law. of 2 days after submission due to my profile and their work to show it in the right way to the officer. I got exactly what I wanted. I dont often write reviews, but in this case I just dont want to miss the opportunity to write about these people who are really professionals and know their business very well.If youre still doubting whether or not you should choose them, I. can assure you that you wont be left disappointed. The following is a general list. Upon receiving the approval, the foreign national can schedule an appointment at a US consulate. The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. Contact. Although, you are not required to maintain a residence abroad. Q:Do you know the name of the President of your sponsoring employer?A: If you know, answer. Q:How many total years of IT experience do you have?A:XXX years. always include a copy of the biographic page of the passport(s) of the beneficiary and any dependents. Q:How was the interview conducted?A: Answer appropriately. Thank you. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. Q: What is the name of the company you are going work for in the USA?A:XXX. As stated, H1Bs are valid for a period of up to six years. (Show them), Q: How many people from your (U.S. employer) company work for your client?A:XXX. The interviewer was ontime and very efficient in answering all our questions and concerns. Additionally, not all specialty occupations require a license. See theDOLs Office of Foreign Labor Certification. They made sure that everything was done correctly before fileing. See 8 CFR 214.2(h)(4)(v)(A)(B). An agent can file on behalf of multiple employers if the beneficiary will work with more than one entity. They have their own sharepoint to upload files and fill out forms. The information or advice they give you is 100% correct. Probably the most efficient and professional attorney I've worked with. Include the full employment period by specifically mentioning the tenure in India and the USA separately. Additionally, there must be evidence to support the need for the beneficiary. They want to know whether you know anyone in the US or whether your family will join you. In this case, the petitioner can send a second petition with an explanation and withdraw the first. Applications. This work must be related to the degree you earned. Elaine did a fantastic job putting our business plan together and Rebecca was our lawyer, who was highly attentive. Q:Which company do you currently work for?A:ABC. We were also very fortunate as we were assigned a competent immigration attorney, Cristina, who was very friendly yet professional. Q:What are your current job responsibilities?A:Briefly describe your duties. At the time of the labor condition application there is no strike or lockout at the place of employment. You can apply either through USCIS or at a US consulate abroad. Q:ABC is an excellent company. All rights reserved. Hence, it is advisable to address the letter as WHOMSOEVER IT MAY CONCERN rather than specifically to USCIS. For all H1B cap-subject petitions, a separate registration application is required. Demonstrate (for example, by submitting a copy of the LCA filed with the denied petition) that there is any amount of time remaining on the period specified in the certified LCA at the time that the I-290B is filed. Nonprofit or governmental research organizations. will matter all the way to your success. Dont get too technical. Before doing that, you should ask your employer to get the LCA amended. Q:Can I see the experience letters?A:Yes, definitely. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Michael and team thankyou very much!! In order to qualify for a chance to submit an H-1B cap-subject petition, you must first be selected through a randomized lottery. If you give incorrect information, the official will know and they will deny your visa. took for our family and business. To be eligible for this visa category you must be a fashion model of distinguished merit and ability. Their internal coordination worked seamlessly. Disclaimer. #2 Include ONLY relevant work experience / technologies. Q:Can I see your degree certificates?A:Yes, definitely. - and if the beneficiary appears on the petitioners tax information. Review our. This is the reason why we always recommend that our clients should provide detailed and specialized job description in H1B document The petition must be accompanied by: To be eligible for this classification you must have a bachelor's or higher degree or its equivalent in the occupational field in which you will be performing services. Here is a sample job description for a Computer Programmer with percentages of duties, It is important to note if there are any changes to a beneficiarys job position or to the US company. Here, an immigration lawyer can help you determine what steps are required to be in compliance with the H1B visa program. Applicants for an H1B1 visa can apply directly at the consulate or with USCIS (as a change of status).