Legal Question in Immigration Law in Georgia

H1-B Visa Rules & Regulations

I am on H1-B Visa status. I work at University as a Research specialist in Department of Biology. I am already staying on H1-B visa six years. Next year I have to go back to my country for at list one year because I can�t extend more time. Now I have a job offer from Asset Management Fund, which is totally deferent field comparing current field. The company would like to apply for H1-B again. Is it possible to issue another H1-B? Could I solve the problem if I use the lawyer? Please let me know what possible ways are.

Thanks,

Nicholas.


Asked on 11/14/10, 10:17 pm

2 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You can only extend H-1B beyond the 6th year if you have a pending labor certification for more than 365 days or an approved I-140.

We suggest you to consult with an immigration attorney to evaluate your credential to see whether you're qualified for I-140 petition filing based on EB-1A extraordinary ability or National Interest Waiver.

Or you might consider to change your H-1B status to other feasible non-immigrant working status.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 11/19/10, 10:43 pm
Veena Lothe Law Office of Veena Lothe

It is correct that you cannot extend your h1b beyond 6 years unless you have an approved I-140 or have a pending labor certification application (for over one year). Depending on your qualifications, you may be eligible to apply for a green card without going through the labor certification process. This would be based on extraordinary ability or National Interest Waiver. You need very good qualifications- think top of your field, lots of good letter of support- to qualifiy for either of these.

Think outside the box a bit. If you have a good job offer, perhaps they would outsource the work to you while you return to your home country?

This reply is for informational purposes. This does not create an attorney-client relationship. You should sit down with an attorney and all your papers to make sure that your particular issues have been looked at thoroughly.

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Answered on 11/22/10, 5:16 am


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