Legal Question in Immigration Law in Massachusetts

Hello The LawGuru Team,

I am an immigrant from Russia, when I first came to this country I had a J1 visa for students, but I chance my status to B1 visa for tourist. Then before the B1 visa expired I sent an application to extend it. Now I am waiting for UCIS to give an answer, and I have an opportunity to work in a company as manager. I graduate from University in Russia, in management organization. What would the possibilities to get a H1B visa?, should I apply now before I get an answer from USCIS or apply after a get an answer?. If I get denied, is there any possibility to visit U.S. in the future?

I sincerely appreciate for your time.


Asked on 2/28/11, 9:02 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

It appears that you have the equivalent of a four-year U.S. bachelor's degree. Thus, an H1B petition can be filed in April, 2011: www.uscis.gov/h-1b_count

Only your employer can file the H1B petition; you cannot self-petition. You will probably have received the B1 extension approval from the USCIS before the H1B petition can be filed, but even if you have not, it is a good idea to file H1B petition in April. As H1B status is a nonimmigrant visa status, in case of denial of the petition it will not impact future entry on visitor status in the future since the filing of an H1B petition does not indicate an intention to immigrate to the U.S.

Please call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 3/01/11, 6:30 am


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