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University job H1B after 2-yrs in home country

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  • University job H1B after 2-yrs in home country

    Dear Friends,
    I am a physician, was on J-1 visa and returned to my home country on Dec 25, 2002. I will be eligible to begin US employment on H1B after Dec 25, 2004.

    (1)Are all universities exempt from the numerical H1B cap?

    (2)Does it make sense to start looking for a job now? CAN THE EMPLOYER START THE LABOR CERTIFICATION Process, etc in early 2004? My understanding is that the actual H1B petition can be filed only after Dec 25, 2004. not sure about this.


    Thanks.

  • #2
    Dear Friends,
    I am a physician, was on J-1 visa and returned to my home country on Dec 25, 2002. I will be eligible to begin US employment on H1B after Dec 25, 2004.

    (1)Are all universities exempt from the numerical H1B cap?

    (2)Does it make sense to start looking for a job now? CAN THE EMPLOYER START THE LABOR CERTIFICATION Process, etc in early 2004? My understanding is that the actual H1B petition can be filed only after Dec 25, 2004. not sure about this.


    Thanks.

    Comment


    • #3
      Hi Doc:

      Am I correct in assuming that your J-1 is subject to the two-year foreign residency requirement? This means that after your J-1 you are supposed to return to your foreign residence and you are to remain abroad at least 2 years before you are eligible to apply for additional immigration benefits such as the H-1B visa.

      If your 2 years of foreign residency are up after December 25, 2004, maybe now it's too early to look for a job. In addition, the labor certification is usually filed after you have spent a little time with the employer, since it involves considerable expense and time on the part of the employer.

      Comment


      • #4
        Thank you for the reply. Yes I had the 2yr requirement.

        my concern is this: I would like to have an employer file a H1B petition on 12/26/2004. how much paper work has to be done before this?

        Will it be sufficient to begin job search in sep or oct 2004? Thanks.

        Comment


        • #5
          An employer can file an H-1B application up to 6 months prior to the stated date of need, so if you are eligible to return on Dec. 25, 2004, an employer could file the H-1B application as early as June 25, 2004. You can also apply for the H-1B visa at a consulate before you have completed the two year home country requirement; however, the consulate will not issue you a visa start date earlier than Dec. 25, 2004. If you want to come back on an H-1B, I would suggest that you start contacting employers in the summer of 2004, so that your H-1B application can be processed by BCIS well in advance of December.

          Also, regarding labor certification (i.e., permanent sponsorship), an employer can sponsor a worker who is abroad. I was not sure from your posting if you meant labor certification, or the labor condition application (LCA), which is part of the H-1B process.

          Comment


          • #6
            Thanks lawgal.

            I was mixing up LCA with labor certification. You mean the LCA can be filed by the employer in June 2004?

            Or do you mean the entire H1B petition can be filed in 6/2004 with the potential starting date of 12/26/2004?

            Comment


            • #7
              The entire H-1B petition (including the certified LCA) can be filed with BCIS in June 2004, requesting a start date in Dec. 2004.

              Comment


              • #8
                Excellent and eloquent response, LawGal!

                Comment


                • #9
                  Can someone answer this query??

                  (1)Are all universities exempt from the numerical H1B cap?

                  thanks

                  Comment



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