Legal Question in Immigration Law in Illinois

Chances of getting an H1B

i have an mba from a us school, been out of work for 2.5 years, never out of status. i'm on an f2 visa now (spouse is on an f1). i found a company interested in employing and sponsoring me for an h1b. info:

--an 8-year-old internet company (s corporation

--have sponsored a person from india for an h1b, a tech guy

--have had negative income for a few years (for tax purposes, but their cash flow is good

--have 2 full-time employees (the person from india and the owner/president and 2 part-time employees

--the job will pay $25K part-time, 20 hours, it's $24/hour --job title is business analyst (in line with my education)

based on the above info, what are the chances of the h1b petition being approved? where are the weak areas?

i know it's never easy to tell but i'm asking you based on your years of experience dealing with h1b petitions.

i sincerely thank you for your opinion and am looking forward to your replies. thanks a lot for your time and attention!


Asked on 11/03/05, 8:11 am

2 Answers from Attorneys
Hon-Vinh Duong DUONG IMMIGRATION LAW PLLC

Re: Chances of getting an H1B

If you draft a solid support statement and job description and show the link between your degree and your job duties, you should have a really good chance of getting an H-1B.

The question you should also be prepared to address is why a company with 4 employees would need a business analyst.

FYI, the 20,000 H-1B exemptions for foreign nationals with a US Master's degree is running out quickly. File your H-1B petiton soon.

Feel free to contact us at [email protected] with any additional questions.

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Answered on 11/03/05, 9:50 am
Neena Bohra Law Offices of Neena Bohra

Re: Chances of getting an H1B

The H program, in short, is for shortage occupations such as technology and science related ones. Commerce positions are more difficult because there is no shortage of these positions in the U.S.

However, having said that, a business analyst position may be viable if the job description is complex and/or requires special skills.

You may email me for an assessment of this directly.

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Answered on 11/03/05, 7:26 pm


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