what r the questions i have to ask immegration attorney on h1 rfe

What questions should I Ask my immigration lawyer?

Question: my H1 expire on dec 25 2012, PERM filed on Apr 2012 got approved on June 2012 and I-140 denied in August 2012, any possibility for continuity on H1B for 7th year. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I …

Can I expedite my H1B petition through another attorney?

Jan 15, 2018 · H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

Do you have any questions about H1B filing fees?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-01-25_10-31-26. An H-1B visa is, in essence, a work visa. It allows highly skilled, non-U.S. citizens the opportunity to live and work in the United States for a particular employer and for a limited period of time. In order to be granted an H-1B visa, an applicant must first find a ...

Is immigration law your attorney’s primary focus?

Top H-1B visa attorneys with a track record of approvals in complex H-1B cases for employers of all sizes. If you want quality representation and counsel with your H-1B case, our firm is the answer. We offer free consultation & competitive flat …

What questions should I ask an immigration lawyer?

Here's a quick look at ten questions you should ask every immigration attorney you speak with about your case.Do You Specialize in Visas and Family Immigration Law? ... Are You A Member Of The American Immigration Lawyers Association? ... Have You Ever Been Reprimanded Or Disciplined For Dishonesty?More items...•Dec 12, 2020

What are the chances of h1 approval after RFE?

H-1B approval rates ticked up in FY2020, but remained historically lowFiscal YearH-1B ApprovalsRFE Rate201984.9%40.2%201884.5%38.0%201792.6%21.4%201693.9%20.8%2 more rows

What are the chances of approval after RFE 2020?

TQ2 FY 2020's L-1 RFE rate was 53.6%, which is significantly higher than FY 2015's rate of 34.3%. The odds of approval following an RFE increased to 55.3%.

What should be included in a RFE response?

The most important step in your RFE response is gathering the requested evidence. An RFE will usually tell you exactly what evidence you need to supply. This could be anything from missing passport pages, an incomplete bank statement to a birth certificate that is not in English.Nov 12, 2020

How long does H1B RFE review take?

Without premium processing USCIS advise it can take up to 60 days from the RFE response to hear back from USCIS. In practice, most RFEs are responded to much quicker, provided no other issues or delays are at play. For some, typically less complex cases, a decision may even follow within a matter of days.Feb 18, 2022

What happens if H1B RFE is rejected?

With a rejection, the error is merely technical and can usually be corrected. Once corrected, you can refile your application. If your case is denied, however, the officer doesn't believe your case merits the H1B transfer. You will need to follow other routes to work around a denial.Mar 16, 2022

What percentage of H-1B is approved?

According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 — from October 2020 to September this year — was 97.3%. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period.Dec 23, 2021

What is an RFE for H-1B?

USCIS makes an inquiry called a request for evidence, or RFE, when they require additional evidence to make a decision on a H1B case. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool.

What are the chances of approval after RFE 2021?

IT Consulting In-house projects – RFE chance 90%, Approval chance less than 25% IT consulting end client project ends before approval – RFE chance 50%, approval chance good if new client letter available – 80% Full-time job US employer – 98% chance of approval.Mar 31, 2021

Can RFE be rejected?

If you ignore an RFE or miss the submission deadline, your case will be reviewed without the requested documents that would support your petition. If that happens, you will have an increased likelihood of rejection.Jul 30, 2021

How long does it take USCIS to make a decision after RFE 2020?

Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to reach out to the USCIS Contact Center at 1-800-375-5283. Set aside some time for this task.

What happens after RFE is approved?

Once an RFE has been issued, you'll be given an opportunity to make corrections to any information you've already disclosed, if necessary. You'll also be able to provide documents that can further support your case or persuade the reviewing officers to approve your application.

What happens if immigration law is not the attorney's primary focus?

If immigration law is not the attorney’s primary focus, changing laws and accelerated enforcement may catch him or her off guard. Knowledge and experience are the best defense, and dedicated visa immigration lawyers understand how to manage unique situations.

What is the first step to solving your immigration problems?

Scheduling a free immigration consultation with a reputable immigration attorney is the first step to solving your immigration problems. The team at Davis & Associates is eager to answer all of your questions and guide you on what your options are.

What is AILA membership?

Membership in the American Immigration Lawyers Association, or AILA , is an endorsement of the attorney’s commitment to immigration law. It shows that the lawyer you’re working with demonstrates a desire to staying abreast of new developments and best practices.

What should a visa immigration lawyer do?

The plan should include a timeline and defined deliverables. When you explain your case to an attorney, he or she will most likely have a good idea about what to do from the start – and after a good conversation, the attorney you’re working with will fine-tune a strategy that gets you the best possible outcome.

What is the purpose of an initial visit?

The purpose of an initial visit is for you and the attorney to determine if representation makes sense, and for you to decide if the attorney is the right choice for you. Not all attorneys offer this consultation for free, though, so you should check before you start scheduling appointments with lawyers all over town.

What is the adage that there is no substitute for experience in immigration law?

The adage that there is no substitute for experience is as true in immigration law as it is elsewhere. Knowing how immigration courts operate, understanding law enforcement, or even having gained the respect of the officials involved can put your case in a more favorable light. Attorneys who are familiar with court policies and procedures can navigate the system more easily than those who don’t – and it never hurts to work with a lawyer who has worked with immigration cases long enough to have earned a name for him- or herself.

Why is integrity important in law?

Integrity is important (especially because some attorneys accept cases and fees even when they believe there is no chance for success), and you want to work with an attorney who believes in what you’re trying to accomplish. Again, no attorney can guarantee a specific outcome.

How long can I work on an H1B extension?

Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

What degree do I need to work in H1B?

The position must require a bachelor’s (or higher) degree in the specific field. The fact that a prospective H1B worker possesses a bachelor’s degree does not make that position a specialty occupation.

What is an LCA for H1B?

An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

How long does an H1B worker have to leave the US?

Upon the termination of employment, an H1B worker generally has up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to be sponsored for a change of employer, apply for a change of status, or simply depart the United States. More detail on this is available in the MurthyDotCom NewsBrief, Grace Period for Nonimmigrant Workers Following Loss of Employment.

What is an H1B visa?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

How long can you be in the US with H1B?

Generally, the maximum period that a worker can be in the U.S. in H1B status is six (6) years, which can be granted in increments of no more than three (3) years at a time.

When will H1B be included in the lottery?

For example, for fiscal year 2019 (FY19), which runs from October 1, 2018 through September 20, 2019, all cap-subject H1B petitions filed from April 2nd through April 6th, 2018, will be included in the lottery, assuming a lottery is needed.

Can I hire an attorney for my H1B?

If your employer won't be hiring a lawyer for you, you might want to hire one on your own . Be aware, however, that the Department of Labor expects employers to pay all H-1B-related costs, including attorney fees, and this may limit the role of an attorney you hire individually.

Can a non-US citizen get an H1B visa?

It allows highly skilled, non-U.S. citizens the opportunity to live and work in the United States for a particular employer and for a limited period of time. In order to be granted this type of visa, an applicant must first find an H-1B sponsoring employer. Without the sponsor, the H-1B visa cannot be granted.

Can I get a green card with a H1B visa?

It is a so-called "dual-intent" visa. (With many other visas, if the immigration authorities discover that you actually plan to seek a green card after entering the United States, they'll deny you the visa.) In fact, many H-1B visa holders end up having their H-1B employer sponsor them for a green card after a few years.

Can I work with my spouse on an H1B visa?

As an H-1B visa holder, you can request visas for your spouse and minor children, to accompany you to the United States. They will be given H-4 visas, which authorize them to live and study in the U.S., but not in most cases to work. The exception is in situations where the employer starts the green card application process for the H-1B worker.

What is the form for ETA 9035?

The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is mandated to be filed online through the Department of State’s iCert Portal System. The employer must have received an approval of the Labor Condition Application before filing the I-129 form.

Do I need to file an I-129?

The employer must have received an approval of the Labor Condition Application before filing the I-129 form. After approval, the employer is obligated to file a Form I-129 (Petition for a Nonimmigrant Worker), filing fee, supplementary documentation, and the approved Labor Certification Application.

H-1B Approval Cap

Congress has capped H-1B visas to 65,000 per year, but not all H-1B visa applicants are subject to that cap, such as those who have advanced education degrees and those seeking to renew their visas.

Request For Evidence

RFEs result in more work for the applicant and a lengthier application process. An RFE means that additional evidence to show a visa. H-1B attorneys know how to complete visa applications with strong supporting evidence so that you are less likely to receive an RFE, which will save you time, money, and resources.

Reasons For Denial

Visa applications are denied for many reasons. See below for some of the most common reasons your H1-B application may be denied.

How to contact H1B filing fees?

If you have any questions about this, about the H1B fees, either the filing fees or the legal fees, or how that part of things work, feel free to give us a call, 314-961-8200, or you can email me, [email protected]. Thanks a lot.

Why is the prevailing wage important?

If you operate from that standpoint, then, you understand that the prevailing wage is designed to protect American workers and to allow the law to protect those workers. Going for the prevailing wage, you want to make sure that the employee is being paid the right amount and that employer is paying the right amount.

Can an employer ask an employee to pay a fee?

An employer cannot ask an employee to pay those fees. You can’t be too cute or creative trying to get around that requirement. It’s something that the Department of Labor and USCIS take very seriously. They have been known to conduct audits to make sure that it was, in fact, the employer who paid those fees.