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Welcome to the immigration department at The Law Offices of Greg Prosmushkin, P.C. The Immigration Lawyers and paralegals at our office are prepared to handle any immigration matter for our clients. From the most routine visa application, to the most complicated high risk litigation in immigration court, our attorneys will guide you through every step of the process.
The H1B is for professional workers who possess the equivalent of an American bachelor’s degree.There are a number of requirements which must be fulfilled before an H1B can be granted. First, there must be an employer/employee relationship between the petitioning employer and the beneficiary. Facts must demonstrate that the employer has the right to pay, hire, fire, supervise, and control hours of employment.
H1B Visa must be available. There is an annual cap of 65,000.00 of these visas for each fiscal year. The federal fiscal year begins on October 1, however, the H1B quota numbers become available on April 1. There are also exemptions from the cap, including petitions filed on behalf of beneficiaries who have a U.S. master’s degree or higher.
It is possible to change immigration status to H1B and remain in the United States, or if the beneficiary is outside the U.S. he or she will present the approved petition to a consulate overseas in order to receive the visa. When approved, the H1B visa gives the beneficiary up to three years of employment with the petitioning employer. An extension of three years can be granted with additional time being granted, depending on where the beneficiary is in the Green Card process. Holders of H1B Visas are also able to bring their spouses and children with them as H4 dependents.
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