MVP LAW GROUP – Immigration Q&A Forum, Friday, April 11, 2014

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Question #1 – H-1B Nonimmigrant Visa
Can your firm sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work; I have a BS in Computer Science
Answer #1
We are a law firm that will help you prepare the paperwork (Forms and documents) for your H-1B non-immigrant petition once you find an employer willing to sponsor you for employment; however, we cannot find you H-1B sponsorship. In summary, once you have secured an H-1B sponsor (U.S. employer), we can then assist you with the process.

Question #2 – H-1B Nonimmigrant Work Visa
My Optional Practical Training just got declined, I have yet not received the hard copy but, I think the reason is because of my college. Some of my friends also got denial for the opt. Can you please give me some suggestion regarding my opt, can I reapply or can I apply for H1 as H1 will open in April.

Answer #2
You will want to wait and find out the reason the application was denied. You will also want to speak with your school Counselor about the reason for denial. You should speak with an Immigration Attorney concerning the specifics of your case to get a better understanding of any available options remaining.

Question #3 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?

Answer #3
H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.

Question #4 – H-1B Nonimmigrant Work Visa
What is the new ‘displacement’ or ‘no lay-off’ attestation rule and how does it apply for those using the H-1B visa?

Answer #4
It is not a new rule. If an employer is H-1B dependent or has been found to have willfully violated their H-1B obligations, the employer has additional attestation obligations regarding the displacement of U.S. workers and its recruitment efforts in addition to the general employer requirements for H-1B visa petitions. H-1B dependent employers who are hiring a non-exempt H-1B employer must declare that they will not displace or lay-off a U.S. worker “in an equivalent job” either within its own workforce or that of another employer. The employer must also make a good faith effort to recruit U.S. workers for the position using industry-wide standards before hiring an H-1B worker.

Question #5 – H-1B Nonimmigrant Work Visa
Can an H-1B dependent employer sponsor my H-1B visa?

Answer #5
Yes.

Question #6 – H-1B Nonimmigrant Work Visa
If am I fired while on an H-1B visa, can I remain in the U.S. for the duration of my visa, or do I need to apply for another visa?

Answer #6
If fired by your employer prior to the end of the duration of your visa status, your employer is responsible for paying your reasonable travel costs back to your home country. You cannot remain in the U.S. for the duration of your visa. You may apply for another visa (i.e., H4 if you have a spouse in the country on H-1B, etc.) or you must exit the country.

Question #7 – H-1B Nonimmigrant Work Visa
What factors determine the prevailing wage for an H-1B beneficiary?

Answer #7
There are several factors: Job Title, work experience, education experience, location of Job opportunity, wage of similar situated employees of employer with similar qualifications and experience, etc.

Question #8 – H-1B Nonimmigrant Work Visa
Can I change my job while I am under the H-1B visa?

Answer #8
Yes, the petition would be referred to as an H-1B transfer. You are allowed to change jobs if you find a new and willing H-1B sponsoring employer. You must file the new H-1B transfer case with the USCIS.

Question #9 – H-1B Nonimmigrant Work Visa
Are applicants with Master Degree’s given preference when filing for an H-1B under the yearly Cap?

Answer #9
The cap (the numerical limitation on H-1B petitions) for FY 2015 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.
*The applicant must have a U.S. Master’s degree or higher.

Question #10 – H-1B Nonimmigrant Work Visa
My current H-1B is going to expire in 4 months. Can my employer file an extension for me to remain on H-1B?

Answer #10
Yes, if you are eligible for an extension. Extensions and transfers are not subject to the Annual CAP. Your employer may submit an extension filing up to 6 months in advance of the current expiration of your visa.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, April 25, 2014!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!