Legal Question in Immigration Law in New York

H1B or other alternatives

I am a foreigner but I have a NY Bar license. I was hoping to find out what my options are if I want to stay in U.S. and practice law.

I think my employment options are contract staff attorney at a firm or per diem attorney. Can a contract staff attorney get H1B sponsor? Also under what visa category should I look into if I want to be per diem attorney? Thank you.


Asked on 3/12/09, 9:21 pm

2 Answers from Attorneys

Anthony Siliato Meyner and Landis LLP

Re: H1B or other alternatives

An H-1B is a viable non-immgrant visa category for either a per diem attorney or contract staff attorney position. As you are probably aware, there is an annual quota and your petition must be filed on April 1, 2009 for an effective date of October 1, 2009.

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

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Answered on 3/12/09, 10:06 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: H1B or other alternatives

To tell you the truth because of the current job market here in the US it might be difficult for you to get a H1B visa. There there are now a large number of unemployed attorneys who are having to do agency work with even more coming out of US law schools each year.

However, if you have a potential employer who cannot find a person here in the US to work in the area of law that they want you to work in because of a specific language or other skill that is needed, then that employer is the one who can apply for the H1B visa for you once they have offered you an employment contract.

Note, that having the H1B visa will mean you can only work for that particular employer, the one who applied for the H1B visa for you, no one else. Once the contract is up (usually a 2 year employment contract) you will have to apply for an extension of that visa. All H1B visas has a time limit.

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Answered on 3/13/09, 3:54 pm


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