Request for assistance re. H-1B1 visa *please help*

E

Enny

New Member
Hi all,

I need some answers regarding H-1B1 visa.

I was offered a job in US and trying to get a work visa now. I have asked the immigration lawyer to consider applying for H-1B1 since I am eligible for it (I am Singaporean). However, the immigration lawyer is reluctant because according to him:
1. H-1B1 unused slots have been returned to H-1B general pool by end Jan. 2011. If I apply for H-1B1 now in April, I would fall under H-1B category
2. Even if I apply for and get H-1B1 now, I can only start work in Oct. 2011

I am not sure that these 2 assumptions are correct.

The immigration lawyer applied L-1B for me in the end. After waiting for 3 months, my I-129 petition got rejected last Fri. I am feeling very anxious right now since I basically do not have my current job already (my replacement is here) and need to get the immigration lawyer to apply for H-1B1 or any other type of work visa to get to US by July, if not I will also lose my job over there.

I really appreciate any help/direction that you can give me. I do not know what to do already in this situation. Thank you for your time and attention.

Warm regards,
Enny
 
Enny said:
Hi all,

I need some answers regarding H-1B1 visa.

I was offered a job in US and trying to get a work visa now. I have asked the immigration lawyer to consider applying for H-1B1 since I am eligible for it (I am Singaporean). However, the immigration lawyer is reluctant because according to him:
1. H-1B1 unused slots have been returned to H-1B general pool by end Jan. 2011. If I apply for H-1B1 now in April, I would fall under H-1B category
2. Even if I apply for and get H-1B1 now, I can only start work in Oct. 2011

I am not sure that these 2 assumptions are correct.

The immigration lawyer applied L-1B for me in the end. After waiting for 3 months, my I-129 petition got rejected last Fri. I am feeling very anxious right now since I basically do not have my current job already (my replacement is here) and need to get the immigration lawyer to apply for H-1B1 or any other type of work visa to get to US by July, if not I will also lose my job over there.

I really appreciate any help/direction that you can give me. I do not know what to do already in this situation. Thank you for your time and attention.

Warm regards,
Enny
Click to expand...
Immigration Lawyer can only apply H1 Petition for you if you have US employer ready to give you job on H1. Do you have US employer? if you have US employer then his/her Company lawyer can file H1 for you if you are Eligible for H1 and they have job for you.
 
The H-1B Visa is used by foreign professionals who are sponsored by a U.S. employer to work in a specialty occupation in the U.S.
 
Indeed H1B1 unused quota was moved back to the general pool and as a result, you will have to wait until Oct 2011 before you can begin work under H1B or H1B1. The H1B1 quota will still be available to you even after the general H1b quota is exhausted.

L1 visas have their own requirements and are stricter than H1b. Have your employer's attorney review the requirements and apply again if possible. Otherwise it looks like you cannot begin to work until Oct 2011. Is your US employer ready to wait that long?
 
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