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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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How does one file H1 papers for an employee? what is the process,

Resolved Question:

How does one file H1 papers for an employee?
what is the process, caveats and cost?

inquiry re: technical and non-technical staff
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Expert James replied 3 years ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

Is this for an initial H1B for the employee? What is the intended hiring date?
Customer: replied 3 years ago.
within 6 months
Expert:  Expert James replied 3 years ago.

If this is an initial H1B, then you cannot be hired within 6 months. H1B's for fiscal year 2014 have reached the maximum number and are no longer being issued. The cap opens up again on April 1, 2014 (or the first Monday after). If your H1B application is chosen for the quota for fiscal year 2015, it will be reviewed, and your earliest start date would be October 1, 2014.

Keeping that in mind, I'll answer your original questions, based on what the current law requires. Keep in mind that immigration reform is currently being considered by congress, so this potentially could change by next to year. It isn't likely, but it is possible.

In order to be eligible for an H1B, the job must be in a specialty occupation, which requires at least a bachelor's degree or equivalent, and theoretical and practical application of a body of specialized knowledge. Your attorney can help you argue that the position is in a specialty occupation.

The employer must get an approved labor condition application from the Department of Labor. They will submit the approval along with form I-129, Petition for Alien Worker.

You'll need an employment letter from the employer, describing the duties and responsibilities of the position, experience letter from past employers, proof of US bachelor's degree or equivalent degree or experience, financial statements for employer for last 2 years, and fees.

You can find all of the required information here:

Half way down the page at the link I've sent you, you can find the information about fees.

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