H1B Visa Lawyer Transfer Extension Free Email or Phone Consultation

Initial visa, transfer or extension are basically the same process:

1. Prevailing wage request sent to SWA
2. If wage offered is equal to or above prevailing wage case can proceed
   1. If not wage can be disputed, or;
   2. Offered wage can be increased
3. I-129 petition prepared
4. Labor Condition Application (LCA) filed online
5. Certified LCA & I-129 petition sent to employer for signature
6. Complete I-129 petition (with LCA and evidence) filed with USCIS
7. If approved:
   1. Consular processing where employee is out of the United States
   2. Employee can begin work*
8. If not approved:
   1. Appeal
   2. Refile
   3. Abandon

*If employee is transferring from one H1B employer to another H1B employer the employee can begin when USCIS receives petition.

Please note: The annual cap has not been reached. Initial H1B visas and exempt visas are currently available.

Visas that are automatically cap exempt are:

• Teachers and professors and others that are offered a job at an institution of higher learning
• Researchers at an institute of higher learning or a non-profit research insitution affiliated with
  an institute of higher learning or a government research agency
• J-1 waiver recipients through the State 30 program
• Current H1B visa holders transferring to a different employer or extending their current visa
• Spouses and children of current H1B visa holders are allowed to obtain H4 visas

The H1B visa program allows US employers to file for a temporary (non-immigrant) visa for an employee that meets certain educational and occupational standards. The minimum requirement for an H1B visa is that the employee have a Bachelor's degree (from either a US or foreign university) and that the job offered is a "specialty occupation" that requires that specific Bachelor's degree. It is also possible for a prospective employee that lacks a Bachelor's degree to be found to have the equivalent of a Bachelor's degree using a combination of experience and education.

H1B visas are generally obtained in three-year increments. The visa may be extended up to six-years maximum. However, if the employee has a labor certification application on file, it is possible to extend the H1B visa beyond the six-year limit.

H1B visas are fairly flexible. They allow for part-time employment under the visa, employment with multiple employers (although this requires multiple H1B visas to be filed), and movement to a new employer upon filing of a new H1B visa.

Except for "cap-exempt" categories, such as transfers and extensions, H1B visas are limited in number so it is important to begin exploring the process as soon as possible.

Many H1B visa holders proceed with the "labor certification" process while here on an H1B visa and are granted Permanent Resident status before their H1B status expires.

Contact our office with any questions. We offer free email or phone consultations and can help you successfully meet the legal and technical requirements of the H1B visa.

*not responsible for accuracy of content

EAWA and H-1B petitions USCIS, Feb. 4, 2010.

USCIS Issues Additional Information Regarding the Employ American Workers Act... USCIS, Feb. 4, 2010.

USCIS Q&A on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and G... USCIS, Feb. 5, 2010.


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Justin Randolph - H1B Visa Assistance