Ep. 69 Tips When Applying for H-1B Visa

  • H1B nonimmigrant visa petition may be filed starting April 1st 2016.
  • LCA cannot be submitted earlier than six months and therefore you must put the starting date on the LCA 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 F1 students under the Cap Gap exemption.
  • Be very clear with the attorney working on your case as to the kind of position that you’re applying.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick, your host of You Ask, We Answer, my immigration lawyer podcast. I’m excited to record this episode because we are now in January 2016 and just a few months away from the H1B filing season. And so I wanted to — in a series of podcast episodes, talking about what needs to be done before you can file for the H1B visa. Today, I just want to talk about some general filing tips that are really important to know months in advance. Continue reading

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Ep. 51 Can an H1B Visa Holder Change Geographical Location?

  • The Simeio Solutions LLC case issued a president decision which held that employers must file amended H1B petitions. It changed the landscape as when we decide to file the amended petition specifically for cases being processed after April 9, 2015.
  • This states that, one, when an H1B employee changes their place of employment to a work site location, employers must certify a new LCA to DHS; two, when there’s a material change in determine conditions of employment, an amended or new H1B petition must be filed by the employer/petitioner.

Raw Transcript:

Jacob: Hello everybody, this is Jacob here at Ask an Immigration Lawyer Podcast. You ask, we answer, simple.

This is an update based on a lot of questions we’re beginning because of some new case law that came out recently and this pertains to H1B visa holders that are changing location of employment. Continue reading

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Ep. 42 What is the H1B Visa Lottery Process and how does it work?

  • Typically, there are more applications filed for the available so there is a need for a lottery.
  • There is no exact breakdown of applications received but it should be available towards end of month.
  • It is a real lottery, so educational background or how much is paid for premium processing, will not change chances in the lottery.

Raw Transcript:

Hello everybody. This is Jacob here. You ask, we answer. Simple. Thanks for tuning in to our podcast. A lot of questions came in last week. A lot of them about the H-1B visa process. As you know, April 6 today, when I’m doing this show, we are just a day before the final day we can file under the lottery, before the lottery starts, and people are asking me… “How does this H-1B lottery work. What is this lottery all about?” Continue reading

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Ep. 41 H1B Visa 2016 Predictions: How many cases will be filed this year?

  • At this time of year, it is very difficult to predict.
  • At least 25 to 27 percent of increase in cases last year – and this is just for the regular case.
  • My prediction is that about 220,000 to 225,000 applications that are submitted this year.

Raw Transcript:

Jacob: Hello everybody, welcome to Ask an Immigration Lawyer Podcast. You ask, we answer, simple.

Today’s question we are very, coming close to the filing deadline for H1B visas. I’m getting a lot of questions about the predictions. How many cases are going to be filed? As you know there’s only 65,000 regular H1B available plus 20,000 Master’s Cap. Last year almost double the amount of cases were filed so … People just want to know how many cases will be filed this year prediction-wise. Is it more or less than last year? Continue reading

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Ep. 39 DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses. When can H4 Spouses Work?

  • H-1B visa allows professionals to work in the U.S. but their spouses come on an H4 visa are not allowed to work.
  • Department of Homeland Security is extending eligibility for employment to certain H4 dependent spouses of H-1B workers.
  • Will be effective May 26, 2015.

Jacob: Hello everybody, this is Jacob Sapochnick with Ask An Immigration Lawyer. You ask. We answer. Simple. Today we have exciting news. Many questions are pouring in and this is following the announcement extending the eligibility for employment authorization to certain H4 dependent spouses of H-1B non-immigrant workers looking to work in the United States. Continue reading

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Ep. 34 What specialty occupations are accepted for the H-1B Visa?

  • H1B is there to allow qualified people to live and work in the US
  • Specialty occupation is an occupation that requires a bachelor degree or the equivalent in education and experience
  • But it doesn’t mean that just because your job is not within the occupations that are most common to get H1B visas it doesn’t mean that you can’t get it

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob Sapochnick here and welcome to another episode of Ask An Immigration Lawyer.

We’re getting a lot of H1B questions these days and we know its H1B filing season here. April 1st is the deadline to file those visas and if you miss it’s going to be another year of wait so a lot of people are getting ready. Continue reading

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Ep. 33 I want to apply for H-1B Visa this year. How do I know if I qualify?

  • Meet certain educational and work related requirements
  • Employers must sponsor H1B holders and 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

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody this is Jacob here with another episode of Ask An Immigration Lawyer.

This question comes from our Facebook page from Jorge and Jorge is asking a very relevant question for this time of year and he says I am a graduating student and I would like to find an employer who’s going to get me an H1B visa but how do I know if I even qualify for an H1B visa? I just don’t know. Great. Well, that’s a good question and let’s just dive right in. Continue reading

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Ep. 32 H-1B Portability Rule & H1-B Transfer: I am an H1B holder and just found a new job, when can I start working for my new employer?

  • As soon as you find an employer, and they’re actually going to file the case, even before approval you can start working for that employer.
  • 21st Century Act allows an immigrant to begin working for a new H1B employer as soon as that new employer files a petition

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer.

In this episode we’re going to be talking about H1B visa probability. This question comes from Jeff and Jeff is in California. He’s asking I am an H1B visa holder. At this point been working for my employer for two years now and I found a great job right now and I would like to transfer to the job. But the employer’s asking how soon can I start working for the new employer after filing the new visa? Excellent. That’s a great question and a source of confusion for many, many H1B holder. Continue reading

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Ep. 9 Can an H1B employee work at different sites and locations?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: My name is Jacob Sapochnick and I’m an immigration attorney here in San Diego, California.

I’m happy to introduce a new segment of our YouTube channel, it’s called Ask My Lawyer, and we are going to be answering all the questions that we get from our Facebook page visitors, from our YouTube channel visitors. We’re picking questions every week and I’m trying to answer them and I wanted to start this week with a question from Agid from Texas and he sent us an interesting question that I would like to read it. Continue reading

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Ep. 6 What to do if your H1B or L1 Visa is denied?

Raw Transcript

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: This question comes for New York City and we have Andrew.

Andrew is asking what options do I have if my work visa is denied. Do we have any recourses to fight it? Excellent question Andrew. Continue reading

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