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Immigration Issues/Which work visa would apply in this case?

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Question
QUESTION: Hi Ajay,

My company wants to hire an employee in our New York office who has a dual citizenship of Australia and Singapore. I have two questions.

1)When is the earliest he can start working from today - Jan 31, 2012

2) What work visa can we bring him in - H1B?

Thanks,

ANSWER: Hi,

H1B petition cannot be filed at this time due to visa cap issues: http://www.uscis.gov/h-1b_count

The candidate can apply for either E3 visa stamp at any U.S. Consulate in Australia: http://www.h1b1.com/E3visa.htm or, alternatively, apply for an H1B1 visa stamp at the U.S. Consulate in Singapore: http://www.h1b1.com/H1B1.htm



---------- FOLLOW-UP ----------

QUESTION: Can we not file for his H1B in April 1 2012 which will come into effect in Oct 1, 2012. Which means he cannot start working for us before Oct 1, 2012. Is this correct? This employee wants us to eventually file for permamnent residence and I suppose the E-3 and H1B1 category does not allow that, so I am thinking can we employ him under H1B? Can the employee be a full time employee in our company under the E-3 or H1B1 Category?

Answer
Correct, H1B petition can be filed in April, with requested employment start date of Oct. 01, 2012. It appeared from your email, however, that you wanted the employee to start work as soon as possible. In any event, the employee can be sponsored for either E3 or H1B1 category now (it may take about 3 months for approval after filing), and then an H1B petition can be filed later this year (but before the visa cap is reached) requesting change of status to H1B and employment start date no earlier than Oct. 01, 2012. The green card process can be started when the employee is on H1B status; this status allows for intention to immigrate to the U.S.

Information about the green card process is here: www.h1b1.com/laborcert.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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