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An employer may extend an H-1B visa for the foreign employee beyond the 6 years limitation under these conditions:

•    An Adjustment of Status Application was started at least 365 days prior. If so, AC21 allows for unlimited one-year extensions, as long as the green card application is in process. Alternatively, the employer must have an I-140 Immigrant Petition for the foreign employee approved and awaiting current priority date. Under this rule, AC21 allows for three-year extensions.);

•    The employer files an H-1B extension for the employee to obtains recapture time spent abroad during the six years in H1B status;

•    The employee departs from the U.S., remains 1 year abroad, and then reenters the U.S. on another H1B visa;

•    There’s a pending I-485 adjustment of status application and the employee is working based on employment authorization from USCIS;

•    Finally, the employee may change status to another nonimmigrant status enabling him/her to work, such as an E-2 visa or O-1 visa, or attend school as an F-1 or M-1.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com or contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site,,http://www.immigrantionlawyerssinhouston.com/h1b-specialty-occupation.html.Thank you for visiting out blog page.

Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act (AC21) provides that a foreign employee who was previously issued an H-1B visa, or provided H-1B non-immigrant status, may begin working for a new H-1B employer as soon as that new employer files and obtains a receipt notice from the new employer.  The new employer must file a new H-1B petition application, even though this process is often referred to as “an H-1B Transfer.”  To qualify, the employee must demonstrates that:

(1) He or she was lawfully admitted into the United States;

(2) The application is not frivolous.  A “non-frivolous” application is one that has some basis in law or fact;

(3) The new H-1B petition was filed before the end of their period of authorized stay (i.e. the employee has not over-stayed his or her status) and that the employee engaged in some meaningful work with the previous employer; and

(4) The employee has not been employed without authorization since his lawful admission to the United States.

An H1B employee, whose employer has filed a new H1B petition to extend the stay, can work for up to 240 days based upon the pending H1B petition. Be sure to contact one of our Houston immigration attorneys and Houston immigration lawyers to see whether you can change employer and how to prepare the application so that USCIS will not determine that you have fallen out of status or overstayed your visa.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com or contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site,,http://www.immigrantionlawyerssinhouston.com/h1b-specialty-occupation.html.Thank you for visiting out blog page..

U.S. H-1B SPECIALTY WORKER VISAS

H-1B specialty occupation worker visas are temporary non-immigrant visas that allow employers to bring “specialty occupation workers” abroad to the U.S. The Immigration and Nationality Act of 1990 and the American Competitiveness, the Workforce Improvement Act of 1998, and recent regulations for TARP funded companies, made significant changes in the employer’s obligations with respect to obtaining and maintaining the H-1B visa. Every year, the numerical limitation for H-1B visas is 65,000 for professional with bachelor degrees and 20,000 additional are reserved for professionals who graduated from U.S. graduate schools. However, some professionals, such as educators, are exempt from the numerical limitations. H-1B employees are authorized to stay in the U.S. for a maximum of 6 years. Subsequently, application for extensions must be filed on an annual basis. Employers are encouraged to contact our Houston immigration attorneys and our Houston H-1B visa lawyers to get information and assistance in preparing and filing H-1B applications or to file immigrant petitions for their H-1B employees.

Procedures in Applying For H-1B Visas

H-1B applications must be filed by U.S. employers. Prior to filing an H-1B visa, employers must obtain a certified Labor Condition Application (LCA) with the U.S. Department of Labor. Because the recent economic down-turn, the DOL now requires up to 7 days to certify LCA’s. Further, prior to filing the LCA, employers may need to obtain prevailing wage determination with the state’s department of labor (workforce commission) to ensure that the salary met the minimal requirement for the county in which the intended employee will be working. The LCA process is intended to insure that employers are not hiring foreign employees, instead of hiring U.S. citizens and permanent residence, to reduce costs.

After obtaining DOL certification of an LCA, the employer may submit the H-1B nonimmigrant visa petition with the certified LCA, to the USCIS. If the employee is currently in the U.S. on a different visa category, then an accompanying change of status application is required. If the employee is abroad, the USCIS will forward the application to the U.S. consular office abroad to schedule an interview to approve the H-1B visa.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com or contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site,,http://www.immigrantionlawyerssinhouston.com/h1b-specialty-occupation.html.Thank you for visiting out blog page.

An L-1 visa must be filed by the company with USCIS in the Service Center that has jurisdiction over the place of intended employment. As stated previously, a new company in the U.S. will have an initial 1-year period to start-up the company and to set up its infrastructure. An existing company can obtain a 3 years period in its initial filing. Subsequently, all companies can file for renewals in two-year increments up to the maximum permitted stay. If the employee is in the United States and maintaining some other legal status, he or she may apply for a change of status in the United States. Spouses and unmarried children under 21 years old of intra-company transferees may be granted L-2 visas. L-2 visa holders are permitted to work in the U.S. for any employer. After the L-1 visa application is approved with the USCIS, it would be transferred to the U.S. consular abroad. The U.S. consular would process the application and schedule an interview date for the intended employee.

To fast-paced the L-1 application process, qualified employers may file for a Blanket L visa with the USCIS. If approved, the employer would only have to prepare and file the L-1 application directly with the U.S. Consular office abroad, saving time and expenses. Be sure to contact our Houston L-1 visa attorneys and our U.S. L-1 visa lawyers a call to find out how we can assist you in preparing and filing L-1 visas for your managers, executives, and essential employees. At PHAM & CLOVES, PLLC, you will be working directly with our Houston immigration lawyers in a one on one basis. Further, our staffing and recruiting background further enhance our ability to work with human resources managers and directors, and are fully aware of corporate sensitivity when it comes to human resources management. Contact the U.S. L-1 visa attorneys and our Houston L-1 visa lawyers and see how we can help.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com or contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site,,http://www.immigrantionlawyerssinhouston.com/l1a-l1b-executive-transfers.html.Thank you for visiting out blog page.

The L-1 is a temporary nonimmigrant visa with specific limitations on periods of stay in the United States. If the employee is qualified as a manager or executive, he or she may remain in the United States for up to seven years. If the employee is classified in the specialized knowledge category, he or she may stay up to five years. An exception to these limits exist where the employment in the United States is seasonal, intermittent or an aggregate of six months or less per year. To retain the executive, manager and the specialized knowledge employee, employers should consider petition for an immigrant visa for such employee. The employee may be sponsored for an immigrant petition and file for adjustment of status as early as 1 year after the date of arrival under an L-1 visa. As stated in our PERM and employment immigrant petition sections, an immigrant may be available immediately for some executives and managers while other may have to obtain a labor certificate (PERM) prior to filing for an immigrant petition. Contact our Houston L-1 visa lawyers and our Houston employment visa attorneys for more information regarding adjustment of status and immigrant petitions.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com or contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site,http://www.immigrantionlawyerssinhouston.com/l1a-l1b-executive-transfers.html.Thank you for visiting out blog page.