Immigration Issues/H1B Visa Process

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Question
I just got to know that there are primarily 3 steps involved in H1B Visa process.
1. Obtaining prevailing wage determination from USDOL

2. Filing of labor condition application with USDOL

3. Filing of visa petition with USCIS

I am currently on OPT till Jan 2014 and my company is targeting to file my H1B Visa petition by April 1, 2013. However, they have not even started with the first step. Could you please explain how much time will the first 2 processes take? Will my company be able to meet April 1, 2013 date. As I have to visit India in May 2013, I will be going for premium processing. Thanks.

Answer
Hi,

The prevailing wage determination can be done online here: http://www.flcdatacenter.com/OesWizardStart.aspx

The LCA filed with the U.S. Dept. of Labor typically takes about 7 business days for certification. Only then should the I-129 be filed with the USCIS. The H1B petition can easily be filed at the beginning of April, 2013.

However, the process is easy to describe but not easy in practice. I highly recommend that you or your employer retain an experienced immigration attorney for the process to minimize delays and possibility of denial, etc.

Immigration Issues

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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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