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About Author

khandelwalaw's picture

First Name
SWETA

City
SANTA CLARA

About Me

Sweta has over 8 years of legal experience. In the last five years Sweta has focused predominantly on US Immigration and Nationality law while representing a diverse mix of clients – both corporations and individuals of multiple nationalities. Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, India. She is also a certified Chartered Accountant from India (equivalent of CPA). This makes her uniquely positioned to understand the immigration needs of her corporate clients in the broader context of their corporate and financial objectives.
Law Office of Sweta Khandelwal
Attorney-At-Law
[email protected]

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What are the (work) visa options available now that the H-1B quota is over

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By khandelwalaw on 05 Dec 2011

If your employers was unable to file a H-1B visa for you on time and missed the quota bus, you may consider the following alternative options:
• L-1 intra-company transfers for persons who worked abroad for a foreign entity related/affiliated to a U.S. company for at least one year;
• TN status under the North American Free Trade Agreement (“NAFTA”) for Canadians and Mexicans,;
• J-1 training and other exchange programs;
• E-1/E-2 treaty investor and treaty trader status for numerous countries;
• E-3 visas for Australians;
• O-1 for persons with extraordinary ability;
• F-1 by returning to school for a higher level of education and work authorization; and
• Labor certification for permanent resident status under the “PERM” process as a first step toward green cards. However, please note that there are processing backlogs for many types of permanent resident applications like the EB-2 and EB-3.
Depending upon the facts of your case, there may be other creative options available for you.
However, please resist the temptation to work for any employer without a valid work authorization, even if it is a volunteer position. It is a myth that one can work without a valid work permit/work visa so long as one is not being paid.

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Tags:
  • Expert Corner
  • F-1
  • GC
  • H-1B
  • H-1Quota
  • immigration
  • L-1
  • PERM

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