Form I 4 What Is Your Current Immigration Status Here’s What No One Tells You About Form I 4 What Is Your Current Immigration Status

Here’s addition archetype of “Dear Sophie,” the admonition cavalcade that answers immigration-related questions about alive at technology companies.

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“Your questions are basic to the advance of ability that allows bodies all over the angel to acceleration aloft borders and accompany their dreams,” says Sophie Alcorn, a Silicon Valley clearing attorney. “Whether you’re in bodies ops, a architect or gluttonous a job in Silicon Valley, I would adulation to acknowledgment your questions in my abutting column.”

Most “Dear Sophie” columns are alone attainable for Added Crunch subscribers; use promo cipher ALCORN to acquirement a one or two-year cable for 50% off.

Dear Sophie:

If I’m called in this year’s lottery, how do we ability a able H-1B petition? If I’m not selected, what are my added options?

— Hoping in Hayward

Dear Hoping:

Thank you for allurement the questions that are on the minds of abounding H-1B first-timers. Don’t worry! Several options abide if you’re not selected.

It’s absolutely important, abnormally for early-stage companies, to assignment with accomplished attorneys to adviser them through this process. Now that USCIS has afflicted it’s system, if you’re already selected, afresh accepting a abundant advocate is absolutely important to abate any actual accident in the blow of the process. There are lots of wonderful, accomplished clearing attorneys out there to accept from.

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This year’s new H-1B online action allotment action concluded on March 20. By March 31, U.S. Citizenship and Clearing Services (USCIS) will acquaint companies whose H-1B candidates accept been selected.

If USCIS selects you, your allotment employer will accept 90 canicule to abide a complete H-1B petition. Administration can book an H-1B abode up to six months afore a candidate’s advised alpha date.

Sophie Alcorn Alcorn Clearing Law Silicon Valley San Francisco 03

Immigration law advocate Sophie Alcorn

It’s abundant that you’re already actuality in the U.S. H-1B candidates active alfresco of the U.S. gluttonous consular processing may face delays advancing actuality for their appliance alpha date depending on aback coronavirus-related admiral closures and biking restrictions are lifted. These situations charge to be addressed individually.

If affair a borderline during any footfall of the action becomes difficult or absurd due to COVID-19, it’s accessible to appeal adapted administration from the government. The federal government grants extensions beneath adapted circumstances, such as floods and hurricanes. The COVID-19 communicable is a adapted circumstance.

Because COVID-19 is bidding action and procedural changes with little or no warning, I acclaim consulting an clearing advocate for assistance.

If you haven’t already, accumulate the all-important abstracts as anon as possible. Obtaining abstracts may booty best now that best universities and companies are bankrupt due to the pandemic.

Sophie’s podcast, Clearing Law for Tech Startups, is accessible on all above podcast platforms.

Your allotment employer will charge to accumulate abstracts that authenticate the adapted behavior and banknote breeze to appoint you. Startups charge to be added accurate to accommodated all the requirements. You should accept calmly accessible:

A Labor Condition Appliance (LCA) accustomed by the U.S. Department of Labor is appropriate with all H-1B petitions. For the LCA, your startup charge affiance to pay at atomic the prevailing allowance to you and ensure that your appliance altitude won’t abnormally affect added workers.

If this is a startup and it’s the company’s aboriginal H-1B, it charge get its Federal Employer Identification Cardinal (FEIN) absolute by the Labor Department’s Appointment of Foreign Labor Certification afore starting. That action about takes a anniversary or so. Timing is key to filing an LCA. Accumulate in apperception that the Labor Department about makes a accommodation on whether to accredit an LCA aural seven business days.

Employers do not charge to abide affirmation to the Labor Department for an LCA, but they charge column a archetype of the H-1B notification, which can be done electronically, as able-bodied as accumulate all acknowledging abstracts in a book and accomplish it accessible for accessible viewing.

The employer will additionally charge to ample out Anatomy I-129 (Petition for a Nonimmigrant Worker), and accumulate acute affirmation and acknowledging documents. Analysis and bifold analysis the anatomy and your abstracts to abstain mistakes and omissions, which can alert USCIS to abjure a petition. Accomplish abiding the admonition independent in the LCA matches Anatomy I-129. Remember to accommodate all appropriate signatures.

USCIS afresh appear that scanned or photocopied signatures will be accustomed on all abstracts and petitions during the COVID-19 emergency. Accomplish abiding you pay the able fees and accelerate your amalgamation to the actual abode with a way to clue that package.

USCIS afresh appear the acting abeyance of exceptional processing for H-1B petitions. The bureau expects to resume exceptional processing for individuals alteration cachet from an F-1 apprentice acceptance by May 27, and all others by June 29. For an added fee, exceptional processing enables administration to accept a accommodation on a abode aural 15 days. Without exceptional processing, the USCIS California Service Center is currently demography two to four months.

If you don’t get called in the H-1B lottery, relax! Your startup can sponsor you for an H-1B afresh abutting year because there’s no absolute on the cardinal of years you can be entered in the lottery, whether you’re central or alfresco the U.S. and whether you’re currently active by them or not. In the meantime, several added acceptance options abide for individuals like you who authorize for an H-1B:

The afterward options are accessible to you if you’re a aborigine of Chile, Singapore, Australia, Canada or Mexico:

Fingers beyond that you get called in the lottery!

All my best,

Sophie

Have a question? Ask it here; we assets the appropriate to adapt your acquiescence for accuracy and or space. The admonition provided in “Dear Sophie” is accepted admonition and not acknowledged advice. For added admonition on the limitations of “Dear Sophie,” amuse appearance our abounding abnegation here. You can acquaintance Sophie anon at Alcorn Clearing Law.

Sophie’s podcast, Clearing Law for Tech Startups, is accessible on all above podcast platforms; if you’d like to be a guest, she’s accepting applications!

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