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SMALL FIRM H1B PROCESSING

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by desiteam, Jan 4, 2018.

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  1. desiteam

    desiteam New Member

    I work for a small NON IT company with 30 employees. If that company fills my H1B, is it possible to do. If yes then what are my chances of getting accepted/rejected for H1B? for more info: Out of 30, there are only 2 people who will be on H1B (including myself).

    After my H1B has been filled before 1st April, how long do I have to wait to receive all confirmations and when can I change my employer after getting H1B. I will be highly grateful if you can tell me for both premium processing and non-premium processing.

    Thanks.
     
  2. 1AurCitizen

    1AurCitizen Registered Users (C)

    As long as the job requires a college degree, and you have that required degree, they can of course file an H1.
    As for the chances, there was a lottery the last couple of years, because there were more applications than available H1s. The H1 can only be filed from April 1 on, for a start date of Oct. 1. You can only change employers on H1 once you have started working on the H1` for the original employer.

    Size of the company doesn't matter. As you mentioned that you will be second employee on H-1b, which means the company had earlier filed a H-1B, and they are aware of the procedures.So you need not worry much.
    What is your current status? Are you currently on h-1B?
     
  3. desiteam

    desiteam New Member

    I am on OPT. The other person also joined with me. So they will do it for the first time for both of us and they don't know much about it. So we have to do everything.

    Can you also give me some estimated cost behind H1B and GC. I will be thankful to you.
     
    Last edited: Jan 4, 2018
  4. desiteam

    desiteam New Member

    How to know that whether the same firm is eligible to can file my Green Card or not? What sort of documents are required from the firm to submit to the US Govt. to file H1B and Green card?
     
  5. 1AurCitizen

    1AurCitizen Registered Users (C)

    Aren't you getting ahead of yourself?
     
    SusieQQQ likes this.
  6. SusieQQQ

    SusieQQQ Well-Known Member

    Sounds a bit fishy. Shouldn’t the company be employing a lawyer to handle all this?
     
  7. desiteam

    desiteam New Member

    Aren't you getting ahead of yourself? - I am in a situation where both H1 and GC will be put up for me with a job offer or non of them . That is why I am interested to know both the things.

    Sounds a bit fishy. Shouldn’t the company be employing a lawyer to handle all this? - Yes. They will hiring a lawyer for all these but the company wants to know the details before jumping outside in search of lawyer for employment based legal proceedings. In short they want to be educated first for the process then want to step out.
     
  8. 1AurCitizen

    1AurCitizen Registered Users (C)

    That's what initial consultations with an attorney are for. Employers retain legal counsel and Legal pays. That's what another forum, Murthy, suggested to you as well.

    Indeed sounds fishy..
     
  9. SusieQQQ

    SusieQQQ Well-Known Member

    Wait. They want to be educated by a new graduate on OPT with zero experience in immigration law, about this potentially very expensive and time consuming process for them? Now it sounds even more fishy. That’s even before the fishiness of a graduate on OPT apparently able to make such demands of an employer. You do know H1 applications are coming under more scrutiny, right? And that the new administration is planning on doing away with extensions while H1 holders are waiting for green cards?
     
  10. SusieQQQ

    SusieQQQ Well-Known Member

    Here’s some research for you:

    The more intense scrutiny of the applications for H-1B visas comes after President Donald Trump called for changes to the visa program so that it benefits the highest-paid workers, though he has not enacted any such reforms.

    Data provided by U.S. Citizenship and Immigration Services shows that between Jan. 1 and Aug. 31, the agency issued 85,000 challenges, or “requests for evidence” (RFEs), to H-1B visa petitions - a 45 percent increase over the same period last year. The total number of H-1B petitions rose by less than 3 percent in the same period...

    The USCIS inquiries typically challenge the basis of the original petitions and assert that the employers do not qualify for the visas. Employers and their lawyers must then provide further evidence to prove their need and eligibility for the visas....

    In addition to querying applications more often, the Trump administration is targeting entry-level jobs offered to skilled foreigners. The lawyers say this violates the law governing H-1Bs, because it allows for visa holders to take entry-level jobs.


    https://www.reuters.com/article/us-...r-skilled-foreigners-data-shows-idUSKCN1BV0G8
     
  11. desiteam

    desiteam New Member

    I know it is getting tougher and strict but what has these all things to do with my question?
     
  12. SusieQQQ

    SusieQQQ Well-Known Member

    You said you needed to educate your employer on the process. I thought that might help, as it refers to what is likely to be part of the process considering that you are on OPT (unless maybe you are something like a new mba graduate with years of previous experience) and considering the cost (one factor you were after) might include legal fees required on receiving an RFE - assuming you get drawn if there is lottery again.
     
  13. 1AurCitizen

    1AurCitizen Registered Users (C)

    Your questions deal with issues that company lawyers (the competent ones) are equipped to handle. Why would you be doing your employer's legal job?
     
  14. desiteam

    desiteam New Member

    Yes. I will recommend them to hire a lawyer for all these stuff.
     

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