Asian Journal- The Filipino-American Community Newspaper

The best route for most aliens with a college degree is to change to an H-1B status. This would entail obtaining an employer who is willing to petition you to obtain this temporary working status. To increase chances of approval, the employer should generate sufficient net income to pay your wages and have a reasonable amount of employees. The position to be offered should be one that requires a bachelor’s degree as a minimum qualification. The position should also be a specialty occupation generally jobs that are technical in nature such as engineers, systems analyst, architects, etc. The employer should offer wages that pays at least the prevailing wage for that position. Once approved, the alien will be given an H-1B status of three years or the period of employment, whichever is shorter. The alien’s status may be extended for another three years to a maximum of six years under H-1B status.

The biggest problem nowadays with H-1B is the visa cap. The limit is currently 65,000 which is released every October 1. The problem is that this number is often filled up rather quickly. Once the cap is filled, the beneficiary would have to wait until the following October 1 to receive the status. In the meantime, the beneficiary would run out of their visitor’s status. It is important for the alien to maintain status both at the date of filing the H-1B, which begins every April 1, until the October 1 (earliest date new H-1B visas are issued). Timing is the most important issue an alien should consider. Aliens entering the US between April to July and who are given at least six months visitors status stand a good chance of being able to switch to H-1B status once they are able to obtain an employer to petition them.

The H-1B visa only authorizes the alien to work for the petitioning employer. If the employee later desires to obtain a second job or wishes to switch employers, then a new H-1B petition would be required. It is possible to work part time under an H-1B visa but such work schedule must be disclosed in the Petition. Aliens currently on an H-1B that wisher to change employers may do so without being subject to the cap. Current H-1B holders may also us the H-1B portability provision to begin working for the new employer prior to the approval of the new H-1B provided the new petition has been filed with the USCIS and the period of employment indicated has commenced.

Information that are generally required from the employer are basic information about their business, tax identification number, number of employees, gross and net income, and detail explanation of their business.Information and documents needed from the employee/beneficiary are their credentials. College transcripts, Educational Evaluation, Resume, Certificate of Experience from past employers, professional licences, post graduate degree if applicable. If you are seeking to change your status to an H-1B, it is best to seek the assistance of an experienced attorney.

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Atty. Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Visit website Kenreyeslaw.com.

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( Published on March 27, 2009 in Asian Journal Orange county and Inland Empire p. A7 )