Legal Question in Immigration Law in California

H1 b

hi,one of motel owner say he can sponser for h1 as a manger . he owns couple of motel , i just finished my MBA finance major and applying for OPT .I m so confuesed that if he can do for h1 then how long it takes for greencard. IS it goona be slow process.... Please help me out...


Asked on 1/17/09, 7:04 pm

6 Answers from Attorneys

Anthony Siliato Meyner and Landis LLP

Re: H1 b

If the job offered is a professional position; i.e., one which requires a minimum of a bachelor's degree in hotel management or a related field, then an H-1B is viable. We represent several major corporate clients in the hospitality industry and have successfully filed numerous H-1B petitions for hotel managers and related occupations. As you have an advanced degree forom the U.S., you would come under the 20,000 master's degree cap and, if not selected, would have another chance of being selected in the regular 65,000 cap. The application msut be filed on April 1, 2009.

As for the green card, immigrant visa availabilty depends on the level of the job and your native country. It could take 2-6 years depending on such factors.

Our immigration practice is national in scope, with an emphasis on corporate and employment-related immigration matters.

Please visit our website at www.meyner.com. The H-1B category is described at:

http://www.meyner.com/CM/Articles/Articles25.asp

The Road to the Green Card through PERM is summarized at:

http://www.meyner.com/CM/Articles/RoadtotheGreen.asp

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 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 1/19/09, 5:20 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: H1 b

You need to apply in April for h1b. The visa will be valid from October 2009 if you get picked in the h1b lottery. For green card it takes about 3-4 years.

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Answered on 1/19/09, 5:49 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1 b

Several issues are raised: 1. whether the job is one that truly requires a minimum of a bachelor's degree to perform. This would depend on the job description and the requirements of the employer. 2. OPT is often a prelude to H-1, which is tricky now because only 65,000 are granted every year starting October and approximately three times that many people apply, so only one in three qualified applicants get the H-1. 3. Alternatives should be explored with counsel. 4. The length of time it takes to then get the green card depends on whether the job actually requires a bachelors or masters and what country you're from. Some countries take more time than others. The range of time depending on the requirements of the job and country of origin is minimum of a year and a half to five years generally, depending on the issues described.

You need a good lawyer to even have a shot at what you want to do. I've been handling cases like yours for 29 years! Write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/17/09, 8:09 pm
Michael Cho Law Offices of Michael Cho

Re: H1 b

Depending on the job position, he should be able to sponsor you for both the H-1B and permanent residence.

You'll want to get started early on preparing the H-1B as all applications must be sent in the first day applications are due (April 1, 2009).

Please contact me to discuss in greater detail or take a look at my web site at http://www.msclaw.com.

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Answered on 1/18/09, 2:42 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: H1 b

please contact us,

we have represented many motels in situations like this

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Answered on 1/21/09, 7:19 pm
Gabriel Jack Muston & Jack P.C.

Re: H1 b

H-1B for Hotel Managers are notoriously difficult. If you have the OPT for a year, you will at least have one year to pursue Permanent Residence. If I had a job offer, I would probably want to do that as soon as possible. You will also not likely have to worry about the 65,000 visa cut-off, as long as you file on April 1. You will be counted under a different visa count because you received your MBA in the UNited States. Go ahead and give me a call, and we can discuss.

Regards,

Gabriel D. Jack

Attorney at Law

650.743.6296

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Answered on 1/18/09, 10:04 am


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