Applying for H1b visa

1 Answers. Asked on Mar 15th, 2017 on Immigration - California
More details to this question:
I have a conditonal offer of employment from a local government organisation as a protective services worker in USA. I'm currently here on an ESTA. Is this job cap except for a H1b visa? How long would it take to process my application? I do have a masters degree. My employer would require me to start work in July, would this be feasible? Thanks
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Answered on Apr 13th, 2017 at 8:16 AM

Although a local government organization could qualify as a cap-exempt organization, it would have to be one engaged in research. Inasmuch as U.S.C.I.S. has recently declared that premium processing is no longer available currently for H-1B petitions, it would likely take up to 6 months to adjudicate the petition. If your employer has a start date in July, there is a probability that the start date will not be able to be met. Other than through premium processing, U.S.C.I.S. will expedite the petition or application if non-expediting would cause severe financial loss to the company or the person; there is an emergency situation; or if there are humanitarian reasons. Other expedite criteria would appear remote to your situation.Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.


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