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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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Graduate 2014. I'm on F1 visa. I found Private Hospital

Customer Question

I'm International Medical Graduate 2014. I'm on F1 visa. I found Private Hospital company in Chicago, who wants to hire me as Medical Assistant on H1b (cap exempt). They wants me to hire the attorney who help us through out the process.They are not sure whether they come under non-cap exempt category or not. Let me know which documents do you require to start the process and filling the H1b visa. I would like to know which documents do you required from the company as well as from me.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

RESPONSE (not an answer): This is not an attorney finding service. This service is meant to answer general immigration questions that you might have. This is not a service that provides legal representation or lawyers.

Do you have any specific immigration questions about this case that I can help you with?

Customer: replied 1 year ago.
I want to know that whether private company is eligible to file h1b cap exempt position on behalf of me based on my and company's credentials. To determine that let me know what information do you need.
Expert:  Expert James replied 1 year ago.

OK, thank you for that clarification.

Please answer the following:

Is this employer an institute of higher learning?

Is it a not-for-profit entity related to an institute of higher learning?

Is it a not-for-profit research or governmental research organization?

What is the employer, exactly?

Were you ever before counted towards the cap?

If so, when and for how long were you on H1B?

Customer: replied 1 year ago.
I haven't been on H1b before. I'm on F1 now. I'm foreign medical graduate and have the research fellow certificate from Cleveland clinic.My position in compneyMy position in Company- clinical coordinator
-My assigned duties - supervising chart notes
-My salary 15/hour
-Company's background information-home visiting doctors company, company recently started. NOT non-for-profitLet me know if you want any further information. If Company is eligible to hire me as a employee, I'll hire you for the whole case.Thank you
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: Unfortunately, it does not sound like the employer is a cap exempt employer. And since you've never been on H1B before, there is no way you are a cap exempt employee.

Therefore, you are subject to the cap. The employer can sponsor you, but only in April 2016, when the new cap opens up. And it is for an employment starts date of October 1, 2016.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
The company is hospital. And it's for public benefit. Still it couldn't offer a cap exempt h1b ?
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: It's not a matter of public benefit. The three types of employers that are cap exempt are those that I asked you about:

1) an institute of higher learning;

2) a not-for-profit entity related to an institute of higher learning; or

3) a not-for-profit research or governmental research organization.

If the company is not one of those, then it doesn't matter that it is for a public benefit. The ultimate goal of this company/employer is for profit. A for=profit organization can provide a public benefit. It does not mean it is not-for-profit.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

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