This notice is intended to alert Employers of the deadline to file for Fiscal Year 2016 H1-B Visas is right around the corner. The USCIS will start accepting petitions on April 1, 2015.

Our attorneys are currently meeting with Employers wanting to sponsor professional workers for H1-B status. (Link)

The basic requirements to qualify for the H1-B visa are the following:
•Have a Bachelor’s degree or Masters Degree (or foreign equivalent degree from employee’s country) or
•12 years work experience in the filed he or she will be working, or
•A mix of further education and work experience
•The position for which the candidate will be hired must be a Professional Specialty Occupation requiring at the very minimum a Bachelor’s degree in the specialized field, i.e. Engineering, Accounting, Sciences, and Education.

-Frequently Asked Questions

Change of Status

If the candidate is an F-1 student can our company petition for a Change of Status (COS) to H1-B while having he or she remain working in the United States?
•Yes, as long as the candidate meets the minimum education/work qualifications and can remain in lawful nonimmigrant status (i.e. Optional Practical Training “OPT”) until October 1, 2015 when the H-1B can legally take effect, the candidate can remain in the U.S. without having to return for inspection at a foreign U.S. Consulate.

•If the individual is under the following Nonimmigrant Visa categories at the time of consideration for hire, he or she may also potentially qualify to Change Status:
oE-1/E-2 treaty visa
oL-2/H-4 dependent visa
oJ-1 exchange visitor visa
oTN/E-3 visas

H-1B Overseas Consular Processing

What if the candidate is residing overseas, can they still qualify for the H1-B Visa?
•Yes, but the H1-B visa petition would first be filed locally at the USCIS, and subsequebt to approval a consular interview would need to be scheduled at the U.S. consulate in the candidate’s home country sometime shortly prior to or after October 1, 2015 before their start date.

How far back do I need to start the H1-B Visa process?
•Recently, more employers have hired a large number of foreign nationals. Last year, the cap was met in as quickly as five days. It is expected that a greater number of petitions will be filed this year. It is important that you contact our attorneys as soon as possible to get you started with the process.

To insure the chance of securing and H1-B visa, contact our attorneys located in San Jose, San Francisco, or Pasadena. Once the 2015 H1-B quota is met, the petitioning companies will have to wait until April 1, 2016 to file for the H1-B petition again.

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For more information about the H1-B Visa please read the following blog http://www.mj-law.com/blog/h1b-visa/h1-b-visa-2016-fiscal-year/

Don’t wait until the last minute, contact us now.

 

  • Gabriel Jack helped us apply for an O-1 Visa, when we needed to change visa status and we got it! The documentation required for an O-1 visa is extensive but we managed to complete everything together with Gabriel in about 4 weeks. Gabriel is very professional and knows what is important and he is also easy to talk to and helpful. We are very pleased and will use Gabriel again should there be a need.
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  • Gabriel did a good job. He was easy to deal with, returned calls and did what he said he would – nice change from some lawyers I’ve dealt with. My E3 was approved with no trouble at all…and he’s a really nice person, which is a good bonus. Thanks Gabe!!
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  • We had previously shopped around for an immigration lawyer, but we went with Gabriel. He was very knowledgeable, friendly, and thorough. He was able to help us to prepare a very detailed interview packet, and we got our E2 visa at the end of the interview.
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