LEA LING BEH, ESQ.
ATTORNEY AT LAW
350 Fifth Avenue, Tel: (212) 271-5928/
Empire State Building, (212) 868-3611
Suite 1801, Fax: (212) 271-5930
New York, NY 10118. Email: [EMAIL PROTECTED]
________________________________________________________________________
September 7, 2004
Dear Students/Graduates:
During the course of my work, I have received many queries from
students about their immigration status. The questions include concerns
about F-1, F-2, J-1, H-1B, H-4 and green card issues. Many
students/graduates may share the same concerns. As such, I am starting
an e-Bulletin where I will address as many of these questions as
possible.
For this e-Bulletin, I am posting some interesting questions about the
H-1 and H-4 status. I strongly encourage everyone who has a question or
issue to email me at [EMAIL PROTECTED] I will try to answer as many
questions as possible. Those issues that may affect a lot of students
will be answered on the e-Bulletin.
I look forward to receiving and finding answers to all your questions.
e-Bulletin - September 2004
Question:
I am now on a H-4 visa. I have found a job with a US company. Can I
change my status to H-1B? Will I be subject to the H-1B cap? When my H-
1B visa is approved, does it mean that I will have H-1B status for 6
years as long as I am sponsored by a US company?
Answer:
The answer to your first and second questions is Yes. You can change
your status to H-1B as long as there is a US employer willing to
sponsor you. As a new employment, you are subject to the yearly H-1B
cap. The cap for 2004 is 65,000.
As to your third and last question, the answer is unfortunately No. H-4
status is considered H status and you are allowed 6 years on an H
status (with possibility of extension if you have filed for adjustment
of status to permanent residence and the application is still pending).
For example, if you have been on H-1 status for the last 2 years, you
still have 4 years left on either H-4 or H-1B status.
Question:
I am now working under a H-1B visa. I have been told that I will be
working at the company's branch office in another State. Do I have to
apply for a new H-1B visa?
Answer:
If you are going to work at another office but with the same employer,
there is no need to apply again for a H-1B visa. However, you must
continue to meet the prevailing wage filed for the Labor Condition
Application. If not, a fresh Labor Condition Application must be filed.
If your job title will be changed, an application must be made to amend
the petition to reflect the new job title and possibly the new salary.
Question:
I have received a job offer from an employer. I am his first and only
employee although he has been in business for a few years. What are the
chances that my H-1B application will be approved?
Answer:
Every case is determined by the CIS on its own merits. Whether the
employer is a sole proprietor or a multi-national company, CIS looks at
the company's cash flow and revenues. In your case, if your employer
can show that he has the ability to pay your salary and that he will
not be paying you below the prevailing wage, it should not be a
problem. In addition, all the requirements of the H-1B visa must be met
namely, the job is a specialty occupation requiring at least a
bachelor's degree and that you have the equivalent of a bachelor's
degree related to your job.
--
Lea Ling Beh
Lea Ling Beh, Esq.
350 Fifth Avenue,
Suite 1801,
New York, NY 10118
Tel: (212) 271-5928 / (212) 868-3611
Fax: (212) 271-5930
