Legal Question in Immigration Law in California

experience for labor and H1B renewal

Hi Everybody, I have 2 questions and would appreciate any responses:

1. My company plans to apply for labor certification for me. I was in the final semester of bachelors when I started working, worked full time for 2 yrs and the completed my final semester. After that I did a masters in the same field. Given the situation,could my 2yrs exp be considered valid towards the required 2 yrs exp. for the job my company's is applying labor for.

2.When I apply for renewal of H1B (working for same company) after the first three years have been completed on the current H1B, would I fall into to the new H1B cap of 65,000 like a fresh applicant.

Thanks in advance.


Asked on 11/24/04, 12:31 am

1 Answer from Attorneys

Myron Morales Lee Lane Smith LLP

Re: experience for labor and H1B renewal

1. Normally it is not a good idea to rely on experience gained before you obtained a bachelor's degree.

2. No, you will not be subject to the cap.

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Answered on 11/24/04, 2:25 am

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