Legal Question in Immigration Law in Illinois

Re: change of status from conditional permnant residence to H1 or J1

An H-1B petition is certainly possible if the position to be filled is a "specialty occupation"; i.e., one which requires a minimum of a bachelor's degree in a specific discipline (or an equivalent combination of education and/or experience) to fill the position. If you are not currently in a non-immigrant status, you would not be able to change your status to that of an H-1B within the U.S. If the petition were approved, unless you are visa exempt, you would be required to depart the U.S. and apply for an H-1B visa abroad.

Keep in mind that there is an annual quota and, if you are subject to the quota, a petition should be filed on April 1, 2009, with an effective date of October 1, 2009. Certain non-profits (which are affiliated with institutions of higher education) are exempt from the quota. In such event, the April 1 deadline would not apply.

Our immigration practice is national in scope (in fact, we represent a major corporate client who sponsors numerous H-1Bs in Chicago, Illinois) and we would be happy to assist you in this matter.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com