H-1B Working Visa: Still Available for 2009/2010

For foreign nationals, who wish to work in the U.S. a significant number of the highly desirable H1-B visa, remain available. The H-1B visa program allows a U.S. employer to bring foreign nationals, along with their immediate family members, into the U.S. to perform “specialty occupations.” “Specialty occupations” refer to those jobs, which require a U.S. bachelor’s degree or it’s equivalent. In some cases, relevant work experience can be a substitute for a bachelor’s degree.

Petitioning for an H-1B Visa

In certain circumstances, it is possible to sponsor yourself or "self-petition" for an H-1B visa. By creating a business entity, entrepreneurial clients are able to employ themselves as H visa holders. This strategy is especially helpful for those clients unable to qualify for E-visas.

Premium Processing Guarantees Rapid Visa Approval

Applicants for the H-1B visa can receive a more rapid H1B visas status response, through premium processing, which guarantees a 15-day approval. Approved applicants are granted work and travel permission for an initial period of three years, up to a maximum of six years, with an extension.

H-1B Visa and Employment Based Green Card

The H-1B visa is highly desirable since it allows for "dual-intent"; the applicant may continue to work in the U.S. while, at the same time, apply for a "green card" (lawful permanent residence.) In short, H-1B visas are a great way to work, while awaiting approval, of a green card application.

There is currently an annual quota of 65,000. There are also an additional 20,000 visas available, to those individuals who possess a Master’s degree, or higher, from a U.S. academic institution. In 2009, a significant number of H-1B visas remain available. This is a highly unusual phenomenon.

The annual quota is usually filled within just a few days, after the visas are initially offered. If you would like to see if you are eligible for the H-1B visa, please contact one of our attorneys while H-1B visas are still available.

Amazing Recapture Time for an H-1B Visa: A Story of Success

With only a month remaining before the expiration of her H1B status, a Teacher retained our firm, to assist her in applying for a “green card.” Applicants are only permitted to remain in the U.S. after the six year maximum, if a “green card” application has been pending for over one year. Since the teacher had never filed an application she would have been forced to leave the country after one month, with no possible way to re-enter.

The firm argued that since the teacher had spent school holidays in her home country she was not in H-1B status during these days. The firm was able to H1B transfer or “recapture” those days spent in her home country and her H-1B status was extended for that specific time period.

After the teacher was granted a “seventh year” extension of her H-1B visa for her “recaptured” days, she filed an additional application that would qualify her for “green card” status.

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