IMMIGRATE TO AMERICA
the inside information about American immigration and work visas
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Traveling Abroad After Submitting AOS Package
Traveling Abroad After Submitting the AOS Package; How to Expedite Advance Parole by Danielle Nelisse, Senior Immigration Attorney Because the majority of foreign nationals change their visa category from non-immigrant status to “adjustee pending” starting the day the AOS Package was received by the USCIS, they are no longer allowed to travel abroad using their previous non-immigrant visa. Nor are they allowed to travel while … Continue reading
- by Danielle Nelisse, Senior Immigration Attorney The H1B visa is a nonimmigrant work visa classification used by professional foreign nationals who will be employed temporarily by a U.S. employer in either a specialty occupation or as a fashion model. A foreign national can be in H-1B visa status for a maximum period of six years at a time and the H1B visa is generally granted in two increments of three years. Every year the American government only issues a certain number of H-1B visas and there never seem to be enough to go around. H-1B visa applications are normally prepared by experienced American immigration attorneys for American employers. Current law limits the number of H1B visas to 85,000 foreign nationals each year. No one profession, such as veterinarians, are automatically exempt from the numerical cap. However, the first 20,000 H1B visas are issued to foreign nationals in all professions who obtained their Masters Degree in America. H1B visas issued to advanced degree foreign nationals beyond the first 20,000 are then counted against a 65,000 cap. Degrees in any specialty are acceptable for purposes of the 20,000 Master cap eligibility. What does this mean for those who want a three year H-1B visa granted during FY 2013 (October 1, 2012 to September 30, 2013)? The USCIS will begin accepting H-1B Visa petitions for FY 2013 on April 1, 2012 (6 months prior to October 1, 2012) from U.S. employers who want foreign professionals to start work on October 1, 2012. Where can I research H-1B visa jobs offered by American employers? There are many websites that offer this service, and one is called H-1Base. Are there any exceptions to the H-1B visa cap? H1B visa renewals and H1B visa extensions of stay do not count towards the annual numerical cap. H1B nonimmigrants who work at (but not necessarily for) universities and non-profit research facilities may also excluded from the numerical cap. Transfers of H1B visas among U.S. employers only count against the cap when the foreign national is changing jobs from a U.S. employer that is exempt from the limits (academia or research) to one that is not exempt (for-profit). (more...)
- September 1, 2011 PETTY THEFT AND GREEN CARDS by Danielle Nelisse, Senior Immigration Attorney Sometimes the temptation to steal something from an American department store is overwhelming. It looks easy. It looks like no one is watching. The shopping selection is amazing compared to another country's stores. The temptation can sweep a person away when they have gone without for so long, or don't have a steady paycheck to buy nice things. Even when married to a U.S. citizen, it gets old having to ask a husband or wife to buy every little thing. A new dress makes all the difference. What could it hurt? (more...)
- Hi Attorney Nelisse, How can I get an H-1B working visa so that I can work as a veterinarian in the United States? I am from the Philippines, so I am not eligible for a two year E-3 visa (for Australians) or a three year TN visa (for Canadians and Mexicans). Signed, Dr. H---- ____________________________________________________ Dear Dr. H---: The steps to get an H-1B working visa (valid for a total of 6 years) are: First, the foreign veterinarian needs to obtain a license to practice veterinary medicine in one of America's 50 states. The most difficult states to obtain a license to practice veterinary medicine are CA and NY. Second, the foreign veterinarian needs to obtain a job offer from an American employer. Most veterinarians start the process by searching online. The employer must agree not only to sign your H-1B visa application but also must agree to pay some of the government fees for the visa (employer must pay between $750 and $1500 depending upon size of employer). There are American companies that offer veterinarian job placement services, and one is Vet Relief. Another veterinarian job placement service is VetNetAmerica. Often there is no charge to the job seeker and they try to match the career objectives of the veterinarians with the animal hospital owner's needs. Third, the employer will need to agree to hire an American immigration Attorney to prepare the H-1B visa application. We are American Immigration Attorneys that specialize in preparing work visa applications for foreign veterinarians. Fourth, the Immigration Attorney prepares and submits H-1B visa petition for employer to the American government. Fifth, after H-1B visa is approved by the American government, the foreign veterinarian goes to a U.S. Consulate in their home country to get 3 year H-1B visa stamp placed in their passport. Sixth, the foreign veterinarian enters the USA using the H-1B visa stamp that was placed in their passport and starts working for their American employer. Some of the foreign veterinarians are successful in skipping step 1 (obtaining a state license) because they apply for jobs offered by American universities and American non-profit agencies (many of them are exempt from state licensing). Other foreign veterinarians don't have to get a license because the state they will work in allows them to work under the supervision of an American licensed veterinarian (such as the state of Hawaii). Each H-1B visa is only good for one employer, but foreign national veterinarians are allowed to have multiple H-1B visas for different employers at the same time, and are allowed to work full time or part time. As an alternative, there is a second working visa for foreign national vets called the J Visa. Often a J visa can be used for an American residency/training program, which may not require state licensing. Hopefully this helps explain the process. Kind regards, Danielle Nelisse, American Immigration Attorney What do previous clients have to say? Take a look. Email danielle@immigrationworkvisa.com or call (619) 235-8811 or (877) 884-6644 for a free phone consultation.
AMERICAN IMMIGRATION BLOG
(619) 235-8811 or (877) 884-6644 This immigration law blog is a reflection of the thousands of immigration cases that have been handled professionally with personal care by Attorney Danielle Nelisse at the California based www.immigrationworkvisa.com.
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