h1-b Advance Parol to H1-B or O1-B

[Chegie 0]

7 hours ago, SusieQQQ said:

Great. They'll also have a lawyer who will deal with all the aspects then.

Unfortunetly not. They are nonprofit and do not have lawyer in house. I am looking for one.

[jasonlzak 173]

How about begging and talking sense to your wife? You know, make things easier since the interview is coming up.

[bmqsg5h3 12]

14 hours ago, Chegie said:

 (earn 38k per year)

Whether cap-exempt or not, your employer is still required to file LCA. For H-1B what is the "prevailing wage" for your occupation in NYC? And, is your company willing to pay you that amount?

[designguy 1,179]

If your wife withdraws, wouldn't that mean you will be out of status? I don't think you will be able to adjust status to an H-1B or O-1 (Could also be wrong but something makes me think this path won't be possible). You will most likely need to return to your home country.

 

Also your salary is too low. For the H1-B the employer must pay the prevailing wage. Based on what you said I am thinking you would fall under SOC 27-1014: Multimedia Artists and Animators. The lowest salary possible for this position is Level 1: $54,517.( https://flcdatacenter.com/OesQuickResults.aspx?area=35620&code=27-1014&year=20&source=1) So your employer would need to give you a $16,517 raise. Also based on what you are saying it will not seem like your employer would be cap-exempt, which means you would need to wait till April 2020 to file and then hope to be successful (20-30% chance). If by some luck you would be, you would have to wait till October to return on the H1-B 

 

If the company doesnt have an inhouse lawyer its never a problem to find one to take your (companies) money

 

Edited October 18, 2019 by designguy

[USS_Voyager 1,971]

7 hours ago, Chegie said:

Thanks for detailed answer. My company is nonprofit and don't have lawyer in house. Based from their presence can you tell if the are cap-exempt? 

I can't. It has to do with how they file taxes, what their affiliations are, and what businesses they're doing. It's not something you can do in 5 minutes. And you shouldn't trust someone over the internet for something like this anyway. You might need to get your own lawyer. 

[Chegie 0]

3 hours ago, USS_Voyager said:

I can't. It has to do with how they file taxes, what their affiliations are, and what businesses they're doing. It's not something you can do in 5 minutes. And you shouldn't trust someone over the internet for something like this anyway. You might need to get your own lawyer. 

You are right. Im speaking with lawyers.

[Chegie 0]

7 hours ago, designguy said:

If your wife withdraws, wouldn't that mean you will be out of status?

She agreed she will wait until I find another solution or until interview comes. After then I will be out of status.

7 hours ago, designguy said:

Also your salary is too low. For the H1-B the employer must pay the prevailing wage. 

I didnt know about this one. Do you know if this also affects nonprofit organisations? My company relies on donors and they dont have enough money to give me that raise.  Also I would not go H1-B road if company is not  cap-exempt. In that case I will consider O1-B. 
 

7 hours ago, designguy said:

If the company doesnt have an in house lawyer its never a problem to find one to take your (companies) money

Company does not have money for lawyer. If we both run of  the money I will leave.  
Do you have lawyer to recommend?

[Chegie 0]

9 hours ago, t-ten said:

Whether cap-exempt or not, your employer is still required to file LCA. For H-1B what is the "prevailing wage" for your occupation in NYC? And, is your company willing to pay you that amount?

Do you know all documents my employer is required to file?
My company agreed to pay prevailing wage for me. 
Do you have lawyer to recommend?

Edited October 18, 2019 by Chegie

[designguy 1,179]

6 hours ago, Chegie said:

My company relies on donors and they dont have enough money to give me that raise

 

6 hours ago, Chegie said:

My company agreed to pay prevailing wage for me. 

So which one is it? They will or they wont?

[bmqsg5h3 12]

On 10/18/2019 at 11:21 AM, Chegie said:

Do you know all documents my employer is required to file?
My company agreed to pay prevailing wage for me. 
Do you have lawyer to recommend?

Sorry I don't know any immigration lawyers in New York City. You are presumably super good (having extraordinary ability) in your professional field as you consider applying for O-1B. It is your company's responsibility to hire a good immigration lawyer for your visa (and keep you in their theater). If they don't take the matter seriously, I'd suggest you to find a job at the other organizations (non-profit organizations, art centers, art schools, universities, etc) who better support you, or do self-petition for EB1-EA. Good luck!

[Chegie 0]

On 10/18/2019 at 6:32 PM, designguy said:

 

So which one is it? They will or they wont?

I talked and they confirmed they will. Do you have lawyer to recommend?

[designguy 1,179]

40 minutes ago, Chegie said:

I talked and they confirmed they will. Do you have lawyer to recommend?

For the O1 or an H1-B?

[Chegie 0]

1 minute ago, designguy said:

For the O1 or an H1-B?

Any lawyer will be helpful for now. I still need to decide which option is best for me. 

[designguy 1,179]

4 minutes ago, Chegie said:

Any lawyer will be helpful for now. I still need to decide which option is best for me. 

We used Hodgson Russ. For the eb3 it was over $10k not sure for O1 or H1B.

 

One thing you need to look at, which I am not familiar with, is if you will be able to stay in the US once your adjustment of status is denied. As your wife will be pulling the AoS  and the interview is soon I am not sure what the consequences are for you. An O-1 petition can take months just to put together because there is a lot of evidence that you will need to obtain from not only yourself but from other people in the industry as well. H1-B is going to be even more problematic as you have to file in April and the chance is less than 30% that youll get it and even if you do it wont be till October, so you'd be leaving the country prior to that 

[Chegie 0]

3 minutes ago, designguy said:

We used Hodgson Russ. For the eb3 it was over $10k not sure for O1 or H1B.

 

One thing you need to look at, which I am not familiar with, is if you will be able to stay in the US once your adjustment of status is denied. As your wife will be pulling the AoS  and the interview is soon I am not sure what the consequences are for you. An O-1 petition can take months just to put together because there is a lot of evidence that you will need to obtain from not only yourself but from other people in the industry as well. H1-B is going to be even more problematic as you have to file in April and the chance is less than 30% that youll get it and even if you do it wont be till October, so you'd be leaving the country prior to that 

Yes Im aware of this timelines and I need to find solution asap. Thanks for help.Does Hodgson charge for consultation? All laweyers I contacted looking for $200 per consultation. 

Edited October 20, 2019 by Chegie