H1B: can i do it myself?

[firstlynn]

I'm in the midst of preparing my documents to file for a J1 waiver myself, with an attorney reviewing my documents. Is it possible to file for the H1b myself too or do I definitely need an attorney for this? THANKS in advance! Am planning to do a NIW once this is approved as well~! (this is for 2008 cycle). please share your experiences.

 

[Dago Red]

It is unlikely that you can file the H1 yourself. Technically, you can fill out the form of course, but the question is if the employer is willing to disclose all the information needed for the I-129 to you (normally not, since technically, he owns the H1, not you). He would also need to sign the application which puts him at risk. Normally, a company lawyer or - in larger firms - the HR department - does the filing. I also don't know how the USCIS would react if the potential 'non-immgrant worker' is filling out the form himself. Would be very very unusual and probably a big red flag ...

 

[m_img]

It is unlikely that you can file the H1 yourself. Technically, you can fill out the form of course, but the question is if the employer is willing to disclose all the information needed for the I-129 to you (normally not, since technically, he owns the H1, not you). He would also need to sign the application which puts him at risk. Normally, a company lawyer or - in larger firms - the HR department - does the filing. I also don't know how the USCIS would react if the potential 'non-immgrant worker' is filling out the form himself. Would be very very unusual and probably a big red flag ...

There is not much employer has to disclose for I-129. The key is how comfortable the employer is without lawyer as Dago Red said, this is petition from employer.

Make sure you follow all the rules of placing job ad etc.

 

[firstlynn]

thank you..

thanks all, still trying to find a smaller firm so I could work with the lawyers directly instead of through a paralegal would probably do H1B through a lawyer in this case~!