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  • H1-B Processing Help

    I am trying to file a H1-B with an employer. The problem is the employer and myself have never applied for this visa before. If anyone has gone through the process could they please advise me on how to initially start the process, how to submit a labor certification or anyone I can contact that help. Any information from anyone with experience of going through this process will be greatly appreciated.

  • #2
    I am trying to file a H1-B with an employer. The problem is the employer and myself have never applied for this visa before. If anyone has gone through the process could they please advise me on how to initially start the process, how to submit a labor certification or anyone I can contact that help. Any information from anyone with experience of going through this process will be greatly appreciated.

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    • #3
      This is the employers petition not yours. Your are the beneficiary not the petitioner. I suggest you lawyer find someone who can help them file this as if you pursue it your employer risks violating DOL laws.

      That being said, note that there is an annual cap on H-1B peitions unless the employer is exempt. Exempt employers include non-profits and institutions of higher education. If the employer is NOT exempt then they can not even start the process (ie filing the LCA) until April 1st.

      Go to the USCIS web site for more information.

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      • #4
        Thanks for the reply sugarpuff. Apart from USCIS and a lawyer is there any other avenues the employer can look at to get this process moving?

        Comment


        • #5
          Yes the first step is to file an LCA with the Dept of Labor. The employer should go to their web site and investigate the protocol as well as the assorted regulations.

          Reminde the employer that when looking for an immigration attorney remind them that fees do not translate to competence.

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          • #6
            Labor Certification is one of the area where a competent attorney is worth their weight in gold, imho.

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            • #7
              I agree with you on the labor certification requiring expertise. Remember though that an H requires a Labor Condition Application. This is like a jr sized labor cert. It requires posting and a public inspection file but you do not have to conduct recruitment or look for the minimally qualified USC. It also can be completed and approved immediately on line.

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              • #8
                Does anyone know of any Attorney that they have used or herd of before that is worth consulting with on this subject. I appologise in advance if you are not allowed to give this information on these discussion boards. If you are able I would greatly appreciate knowing who they are.

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