US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
USCIS to Resume H-1B Premium Processing for Physicians under the Conrad 30 Waiver Program
U.S. Citizenship and Immigration Services announced today that starting Monday, June 26, the agency will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver program, as well as interested government agency waivers.
Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Successful response to a physicians' H-1B extension RFE
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Recording of Free Community Conference Call (Every Other Thursday), 2016, June 02
Profession/Occupation
Immigration.com
Green Card
Substantial transcription for video
FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
Another H1B Approval After a Period of being out of status and unlawfully present
We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
Nonimmigrant Visas
Profession/Occupation
H-1 Approval after 5 Years of Unlawful Presence
We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004. It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out. Today, we have received H-1 approval as well as the coveted I-94 for all family members.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Bruce A. Trickel, United States
Name
Bruce A. Trickel
Country
United States
State
Oklahoma
Guestbook Entry for Hari & Anju Nayar, United States
Name
Hari & Anju Nayar
Country
United States
State
NY
Guestbook Entry for Dilip Jeyram, United States
Name
Dilip Jeyram
Country
United States
State
VA
H-1B for Recruiter Position
A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for radfellow, United States
Name
radfellow
Country
United States
State
MA
Guestbook Entry for S Nair, United States
Name
S Nair
Country
United States
State
CT
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
Substantial transcription for video
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;