how to ask for h1b lawyer

by Wilhelmine O'Keefe 5 min read

Do I need a lawyer to apply for an H1B visa?

The short answer is no, since technically your sponsor will be taking care of the petition and application process. However, in some cases it could be helpful for both the foreign worker and sponsor to have legal assistance to prepare and file the H1B visa petition.

Where can I ask H1B questions for free?

Ask H1B questions free of cost with attorney in USA live on video, chat sessions. Local Indian radio station host immigration programs twice weekly. Reddy n Neumann are most accessible employment based immigration attorney today. They answer your H1B, H4, i140, L visa, F1 visa, and other business and study related questions free of cost.

How to understand the rights of H1B worker?

If you a new H1B seekers or an existing H1B employee, it is important for you to understand the rights of H1B worker. US Department of Labor has put up a nice assistant for you to give guidance on various aspects like Immigration Fee, Bench Pay, Wages, etc. Read H1B Holder Rights Assistant by US Dept of Labor.

How much does it cost to hire an attorney for H-1B?

H-1B Attorney Fee We charge a flat H-1B visa attorney fee of $2,100, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case.

image

Do you need a lawyer to file for H1B?

A frequent question that comes up for foreign nationals that want to apply for an H1B visa position in the US is whether an immigration attorney is necessary. The short answer is no, since technically your sponsor will be taking care of the petition and application process.

How much do lawyers charge for H1B?

Attorney FeesCase TypeUSCIS FeesInitial Attorney FeeH1B (new)$460 + $1,500* + $500 (if applicable)Contact UsComplex H1B$460 + $1,500* + $500 (if applicable)Contact UsH1B (transfer, extension, amendment)$460 + $1,500* + $500 (if applicable)$1,400H-4 dependent (with H1B)$370$400

How do I ask my boss for H-1B visa?

How to Sponsor an Individual for an H-1B VisaStep 1: Review the Job Description to Ensure It Qualifies as a Specialty Occupation. ... Step 2: Determine the Rate of Pay for the Position. ... Step 3: Notify the U.S. Workforce. ... Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E) to the DOL for Certification.More items...

Do lawyers qualify for H1B?

H-1B Visas (Person in Specialty Occupation): The professional must be hired in a specialty occupation that requires a Bachelor's degree or higher, or its equivalent. Examples of specialty occupations for H-1B visas include engineers, architects, lawyers, physicians, and other professional positions.

How much does it cost an employer to sponsor H1B?

To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer's responsibility to pay the filing fee.

Can you pay for your own H1B?

Filing Fees: According to the Immigration and Nationality Act and federal regulations, each of the U.S. Citizenship and Immigration Services' (USCIS) fees associated with an H-1B filing must be paid by the employer and cannot be borne by the H-1B employee.

What is the minimum wage for H1B?

The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid “cash in hand” and “free and clear.” It must also be paid when due.

How can I increase my H1B chances?

4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.

Is getting H-1B visa hard?

How Difficult Is It To Get an H1B Visa? H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. Competition for jobs in the United States is fierce, and demand for visas to enter the US grows daily.

Do law firms sponsor H1B?

For lawyers new to the Firm, the Firm will help them secure H-1B visas as well, but new lawyers need to be aware that these efforts may not succeed due to government constraints and new lawyers remain responsible for maintaining their own authority to work in the United States.

How can I get H1B without lottery?

H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. Employment with a cap-exempt employer may provide an alternative option to those foreign nationals not selected in the H1B lottery.

Can I apply for H1B without a job?

No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

How to apply for H1B visa?

An immigration attorney who is experienced with H1B visas can be helpful in several ways: 1 Advising the sponsor and worker on the overall process and timeline 2 Managing expectations for selection in the lottery 3 Obtaining the most current prevailing wage for the job and location, and completing the Labor Conditions Application accurately 4 Completing the petition along with all supporting documents 5 Filing the petition with the USCIS 6 Responding to any Requests for Evidence from the USCIS 7 Following up on lottery results and petition review

What happens if a visa is denied?

If for some reason the petition is denied, the sponsor has the entire application fee returned, so their only out-of-pocket cost would be the attorney. But, if approved, the incremental amount of paying an attorney one time for the visa would be easily offset by the value of a skilled foreign worker for three years.

Can a sponsor file an H1B petition?

The short answer is no, since technically your sponsor will be taking care of the petition and application process. However, in some cases it could be helpful for both the foreign worker and sponsor to have legal assistance to prepare and file the H1B visa petition.

Does an immigration attorney increase your chances of getting a job?

Note: using an immigration attorney will not improve your chances of being selected in the lottery for jobs subject to the annual cap.

Is Hiring an Attorney Worth the Cost?

However, when you consider the monetary and business benefit to both the worker and sponsor, it may be a wise investment to hire an immigration attorney.

How much does filing H1B really Cost?

The H1B fee varies by the size of the company..As of FY 2022 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. There are various fees components that make up this number range, for full details check H1B Visa Filing Fee Details – Summary

What Documents you Should NOT give to H1B sponsoring company?

You should NEVER give original documents of mark sheets, passport or any other documents to anyone. You will need to carry the originals only when you go for H1B visa stamping, but not for applying H1B Visa petition with USCIS.

How often do they revise H1B filing fees?

You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.

When did USCIS change H1B filing?

USCIS changed their H1B petition filing process from FY 2021 season. In the new process, they introduced H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.

Do you need to copy W2 if you live in the US?

If you have lived in US and paid taxes, copy of previous W2 tax forms.

Can an employer file an H1B petition?

If an applicant is selected in H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant need to submit the below documents to employer for preparing the petition and submitting the same to USCIS:

Request Credentials

Firstly, request credentials from each prospective lawyer to narrow down your options to the best H1B attorney in your area. Many visa consultants, petition preparers and notaries persuade business owners to hire them for the job. While some of these professionals truly believe that they can complete the necessary work, others do not.

Ask About Updated Policies

After you check your H1B attorney candidates’ credentials, ask them about the latest policies. Just as property managers need to stay relevant with the latest property regulations, H1B attorneys need to stay up-to-date with the most recent immigrant rules.

Inquire About Fee Structure

Another essential step to take to hire the best H1B attorney is to inquire about their fee structure. As a business owner, you likely always ask about pay structures when dealing with business transactions. Like those deals, this step is crucial. Some law firms charge clients a performance based fee.

Consider Past Experiences

To ensure that you hire an H1B attorney who provides quality services, look into their past experiences. Research the number of cases that they won in total. Then, focus in on their immigration cases. Calculate the number of business owners they assisted in obtaining their H1B visas.

Look For Firm Collaboration

Finally, look for an H1B attorney who works for a firm that collaborates. As a business owner, you understand the power of business collaboration. The best immigration lawyers speak with their colleagues about each case. This welcomes new ideas and strategies that assist the firm in winning more cases.

What will my salary and benefits be?

Realize that, in order to obtain a visa for you, the employer must prove to the U.S. government that it will be paying you at least the prevailing wage that is paid for your type of job in the same geographic area.

Does this position qualify for eventual green card sponsorship?

lawful permanent residence (a green card) and to remain in the U.S. indefinitely, it would be good to know at the outset whether your H-1B job will lead down that path.

Will your company hire a lawyer to help with the process?

Applying for an H-1B requires careful attention to application procedures, and any delays can ruin your chances, because the government could run out of visas entirely during the year in which you apply. Only a limited number of H-1B visas are made available each year. The total is 85,000, and some of these are set aside for particular types of workers, or people from selected countries.

Will your company help obtain visas for my family members as well?

As an H-1B visa holder, you can request visas for your spouse and minor children, to accompany you to the United States. They will be given H-4 visas, which authorize them to live and study in the U.S., but not in most cases to work. The exception is in situations where the employer starts the green card application process for the H-1B worker. Once that has resulted in an approved Form I-140, Immigrant Petition for Alien Workers on the H-1B worker's behalf, the H-4-holding spouse can qualify and apply for a work permit.

Will I be expected to cover any of the processing fees for the H-1B visa?

Contrary to popular belief, not all H-1B visa sponsors cover all the application and processing fees for you. Although your employer is likely to pay for the initial petition that it files on your behalf, realize that you'll be expected, at your consular interview, to come up with a processing fee of upwards of $190. (For the latest fees, check the Fees for Visa Services age of the U.S. State Department's website.)

Where to ask immigration questions?

You should ask your question on their immigration.com forum first. They create a specific page for each conference call on their forum where you can queue up your question before the call.

How to contact peerally law firm?

You can schedule a free consultation on their website or simply call on their contact number (510) -742-5887 directly. You can also email ( info@peerallylaw.com) for setting up consultation.

How long does it take to get a reply from RN Law Group?

You can also email ( info@rnlawgroup.com) your question to RN Law group and they reply within 24 hours as per our experience.

Can you ask for advance parole on H1B?

Most of the questions hover around H1B and H4 EAD issues but you can ask your green card and advance parole queries too.

Who picks your question in the live chat?

You can write your question in video comments live chat and either Rahul Reddy or Emily Neumann will pick you question and answer right there.

Do they take questions from people on the call?

Once they have exhausted the forum page questions, they do take questions from people on the call. But, my suggestion is to not rely on the call and queue up your question on forum.

Is Avvo good for L1?

Although Avvo is pretty good, the drawback is that Many attorneys would simply just ask you to talk to your employer’s attorney for your L1 or H1B work visa query instead of giving an answer. Not sure why do they even reply on your post if they don’t want to answer!

What is an H1B visa?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

How long can you be in the US with H1B?

Generally, the maximum period that a worker can be in the U.S. in H1B status is six (6) years, which can be granted in increments of no more than three (3) years at a time.

How long can I work on an H1B extension?

Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

What is an LCA for H1B?

An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

How many H1B numbers are there?

However, only 58,500 generally are available, as some numbers are set aside specifically for nationals of Chile and Singapore. This does not include the 20,000 additional H1B numbers available to persons who have earned masters’ or higher degrees from certain U.S. institutions of higher education, commonly referred to as the master’s cap.

When will H1B be included in the lottery?

For example, for fiscal year 2019 (FY19), which runs from October 1, 2018 through September 20, 2019, all cap-subject H1B petitions filed from April 2nd through April 6th, 2018, will be included in the lottery, assuming a lottery is needed.

When do H1B caps become available?

The cap numbers become available each year on the first day of the U.S. government’s fiscal year. The government’s fiscal year begins on October 1st and ends the following September 30th. Cases can be filed up to six months in advance of the requested start date. Therefore, the earliest that cap-subject H1B petitions can be filed by employers is the first business day in April, requesting an October 1st start date.

image