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What is The Procedure to Apply For H1B Visa?

You can get an H-1B visa if you are looking to be employed in jobs that generally require a Bachelor’s degree (called “specialty occupations”). To qualify under the H-1B category, the US employer has to file a Labor Condition Application with the Department of Labor (DOL). The US employer also has substantiate that he/she is employing foreign workers under conditions that do not weaken the working conditions, benefits, or wages of US citizen employees.

The H-1B Visa Procedure

1. The US employer has to determine the current wage for the position offered.

2. The US employer has to file a Labor Condition Application (LCA) with the DOL.

3. The US employer has to file Form Form I-129 (with H supplements) with the USCIS. If you,the prospective employee are already in the US in a valid legal status, this petition can ask that your status be changed to H-1B from which ever status you presently are in. In this case, the process will end here when this petition is approved by the USCIS.

4. If you, the prospective employee are outside the US, then once the I-129 petition is approved, you have to submit your own application for an H-1B visa to a US consulate (except Canadians).

5. You can then use either your visa or to enter the US under the H-1B category.

Steps the US Employer has to take

Determine the Prevailing Wage for the Position Offered

The Employer has to determine the generally current wage for the position offered. It simply means the average wage paid to employees in a similar occupation in the same area. It is determined by comparing to workers similarly employed in the area of intended employment.

File Labor Condition Application

After the employer gets the prevailing wage determination for the position offered, he/she has to file a Labor Condition Application (LCA) with the DOL. The LCA can be submitted up to six months before the intended date of the employment.

File the Petition for a Non immigrant Worker

The employer will then have to file Form I-129, Petition for a Non immigrant Worker along with the H supplements to this form. This has to be filed with the USCIS.

Approval

After the USCIS approves this petition, the employer will receive a Notice of Approval, Form I-797A. This approval does not guarantee that a visa will be issued to the prospective employee at a US consulate overseas. He/she has to prove their eligibility and establish that they are admissible to the US per the provisions of the Immigration and Nationality Act (INA).

Steps You (the Employee) have to take

Apply for the Visa at the US Consulate

Once the H-1 B petition filed by the employer and approved, USCIS will send a Form I-797B. With this you can apply for a visa at a US consulate, normally in your home country.

Form DS-160

You are required to file Form DS- 160. U.S. This form is available online and and typically you have to e-file this form before your visa appointment.

Payment of Fees

Once you have completed the application, you have to pay the machine-readable visa application fee (MRV fee). The Consulate will let you know about the details on how to pay. Remember that you should have proof of payment on the day of your interview. You may also have to pay a reciprocity fee, and it depends on your country of nationality.

The Consular Interview

You are required to attend an interview where an official will review the submitted paperwork for accuracy.

Approval

Once you have attended the interview and received the visa, you are allowed to begin your temporary stay in the US under the H-1B status.

Entering the US with an H-1B Visa

The officer at the border will check your paperwork, and if all is fine, will approve for entry. You will receive a stamp on your passport and a white card called an I-94 card. It will be stamped with a date showing how long you are permitted to stay. Normally, you will be allowed to remain up to the expiration date on the H-1B Visa petition.…

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Writing Legal Articles for the Layman

Do you have to be a lawyer to write legal articles online? No, but it certainly would help. Even if you aren’t a lawyer and are not giving legal advice you can tell a story about a legal issue, or relay a case study. In doing this you will gain Internet traffic, and explain something to someone perhaps in layman terms that they can then understand.
All too often article authors who are lawyers get to into the nitty-gritty, and actual points of law right away, and are not understandable to a regular person or non-lawyer. Perhaps this is good in a way because it leaves the door of opportunity open for online article authors who don’t have law degrees. Let’s go ahead and talk about this for second shall we?
One thing I always recommend, as writing on the Internet means people from all over the world will end up accessing your articles, is that you make them regionally specific to the state in which you are discussing. It’s important also to make distinctions between the differences between state and federal laws, even where they duplicate, and how those sorts of legal conflicts are dealt with. Often there are people on either side of the business contract or legal issue that reside in different states, and when those laws are different it’s almost as if you are dealing with international law, as you run into the same types problems, albeit much milder as we are all part of the United States.
If you’re not a lawyer and you are producing online article content on legal issues is important if not mandatory that you do state at the bottom of the articles somewhere that you are not a lawyer and that the individual reading the article should seek legal advice from a lawyer that specializes in that type of law. This lets you off the hook from being accused of practicing law without a law license. It also means that your article if it’s well-written may actually end up on a website which refers lawyers, or perhaps a small law firm’s website.
These things happen to me all the time, and often my articles on legal issues get replayed or sent out in online e-mail newsletters. If you are writing about business law or dealing with government rules and regulations for businesses in your industry or sector and you have experience in that realm then you can easily tell stories and give warnings to other entrepreneurs of what to look out for, what to consider, and who they can call for advice to keep them out of trouble.
If you are a lawyer and you’re hoping to write legal articles for regular people and perhaps potential future customers and clients then you need to realize you are not writing for a law journal and you must keep it conversational otherwise you will turn away future customers rather than attract them. Indeed I hope you will please consider all this and think on it.…

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Do You Need Legal Help? Follow These Suggestions

Finding the best lawyer can be nerve-wracking. Many lawyers are competing for your business and deciding which one is the most qualified and reliable can be hard. This article contains great information that can help in your search for a lawyer.

If you’re accused of a crime, you need to find a lawyer immediately. Be sure not to take matters into your own hands because it can create a situation that raises the possibility of you breaking the law. A lawyer can handle this situation better due to experience and knowledge.

Don’t neglect to ask your potential lawyers for a fee list. Fees can vary greatly; therefore, it’s best to thoroughly understand the fees before signing any agreement. Get the best lawyer you can afford, but don’t break your bank.

Keep your lawyer on retainer so you can ensure you’re prepared. Hiring a lawyer on retainer allows you to choose one without the burden of needing one immediately. If you have an attorney on retainer, you’ll have someone to turn to for expert advice.

If you’re going to enter a legal situation that has to do with real estate like getting sued over a piece of property, hiring a lawyer that specializes in real estate is recommended. This will ensure you get the best person to handle your case.

You should not choose the first affordable lawyer you find in the local yellow pages. When it comes to legal representation, you must treat your situation with respect by taking time to research each lawyer you’re thinking of using. You might select a random lawyer and later discover that he or she had lost her license! Be careful.

Log your interactions with your lawyer. You should keep track of specifics such as date and time. Note topics discussed and money paid. Keep tabs on your legal bill. This will help you handle any problems that can arise later such as unexpectedly big fees or fees that you can’t comprehend.

Only hire a lawyer you can trust. This is particularly important when you need a business or professional lawyer. Lawyers in these areas typically request for you to sign blank checks and retainer fees. Therefore, your money virtually rests on them. Protect yourself as much as you can.

A good tip if you’re going to be working with a lawyer soon is to communicate as best as you can with your lawyer. Being prepared in a timely manner with any information your attorney requests can really help your case. This will be greatly beneficial to your cause.

It is always important to get the fee arrangement in writing, before giving up any money. This helps you to know what sort of budget to have in mind. You will also be able to get the money you need together.

It’s important to have a good lawyer to represent you in legal matters. Use the tips above to help you avoid some of the pitfalls you may encounter. A good lawyer is priceless. You do not want to make a mistake when it comes to dealing with the law. Legal issues are stressful enough and you want someone you can trust on your side.…