Keeping the golden doors open hospitality & immigration
Question: I have been able to get a work visa for some time because the H-1B’s have been expired for a long time.
When will they permit filing again?
Will their be Congress Immigration to allow for more H-1B’s?
Answer: The doors opened again on April 1, 2006.
You should file right away and you need to ask for a starting date of October 1, 2006 as that when the new allotment of H-1B’s will begin.
If you do not file right away,
It is very possible that this year,
(Which was about August 10, 2005.)
Therefore, not only should you file right away,
But you should file under Premium Processing to ensure that you get in this years allotment.
Question: Is there anything special that I should keep in mind when filing the H-1B?
Answer: You want to do everything you can to try to avoid a Request for Evidence.
The game here is to make sure you get in this years allotment.
For example,
A labor contractor or consultant who hires H-1B workers to work at client sites must provide in advance an itinerary with dates and places where the worker will perform that work.
In addition, 8 CFR 214.1(c)(4) requires that an applicant for extension of status have maintained his or her nonimmigrant status.
This means that from the time you entered the U.S.
Until the time you applied for the H-1B,
You must have maintained legal status.
Otherwise, you will have to apply for the Visa outside of the U.S.
If you are applying at a Consulate, it is still important to make sure you get the H-1B petition in prior to the closing of H-1B’s for this year.
This is a somewhat higher burden that previously imposed.
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