Legal Question in Immigration Law in California

Advice
Sir,

I would like to bring to your kind attention that I am a graduate in hotel Management with a first class degree in hotel management from India.( Evaluated as a three years of Under Graduate studies by ECE)

I am here on an B1/B2 visa and Looking to change to H1b status.

I got a job offer from one of the hotels in the US but he told me that there are no h1b visas offered to Hospitality professionals. Contrary to this, a lot of my colleagues have already procured their H1 visas.

I would like your kind help on the following questions:

1) My probability of getting an H1 visa if the employer signs the petition and I give all the processing and Lawyer fees ( which is the job offer condition).
2) Will the present high cap on 195,000 increase my chances of getting an H1b??

Asked on 7/06/03, 2:11 am

4 Answers from Attorneys

Gabriel Jack Muston & Jack P.C.

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I have filed cases for Restaurant Managers and sometimes they work and sometiems they do not. It often depedns on the type and size of the establishment and the type of details you provide in the description of the job. As for hotel manager, I might give it a better chance. If you like, we can talk and I will be willing to take your case if it sounds like a winner.

Answered on 7/06/03, 12:32 pm

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Larry L. Doan Law Office of Larry L. Doan

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If it's a position in the hotel management field that requires a bachelor's degree, then I don't see what the problem is. The hotel manager is simply not knowledgeable about the law. Also, the cap is not a problem at this time.

Please call me to consult about your case. I see that you're in Southern California, so it would be convenient and efficient for you to have a local lawyer in Los Angeles.

Liem Doan, Esq.

Answered on 7/06/03, 6:50 pm

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Amy Ghosh Law Offices of Amy Ghosh

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If the job requires Bachelor's degree..H1 B is fine. We need experience leter from back home as well. In the hospitatlity industry...I have noticed employers tend to prefer J1 that way they are not bound by the prevaling wage requirement. Take a look at my site at www.lawyers.com/amyghosh

Answered on 7/07/03, 3:33 am

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Myron Morales Lee Lane Smith LLP

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You can get an H-1B if your job falls into the description of a speciality occupation. Normally, management positions will fit this description so long as they require a bachelor's degree.

It is unlikely that the cap will be met, so a higher cap is beneficial to you.

[email protected]

Answered on 7/06/03, 8:16 am

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