Are foreign lawyers with license to practice Law in the US are "out of cap" for H1B?
May 10th 2007, 6:33 am
#1
Forum Regular
Thread Starter
Joined: May 2006
Posts: 68
Are foreign lawyers with license to practice Law in the US are "out of cap" for H1B?
I am sorry to say that being a US lawyer (but lived most of my life in France) I cannot answer this question; for this question I got different answers from my colleagues.
One of my best friends is a Canadian Lawyer graduated in Quebec 12 years ago (she also got a MA in Paris); her French boyfriend moved to Chicago last year; my friend took the Illinois Bar Exam and passed it, so she now has a license to practice Law in Illinois. She is in the process of being hired but is concerned about not getting a H1B.
My idea is that she could be considered "out of cap" for her qualifications (she doesn't want to apply for the TN because she plans to stay in the US for a long time, maybe forever). Am I right? can she get an out of cap H1B Visa? Thanks a lot for your answers,
Marie
One of my best friends is a Canadian Lawyer graduated in Quebec 12 years ago (she also got a MA in Paris); her French boyfriend moved to Chicago last year; my friend took the Illinois Bar Exam and passed it, so she now has a license to practice Law in Illinois. She is in the process of being hired but is concerned about not getting a H1B.
My idea is that she could be considered "out of cap" for her qualifications (she doesn't want to apply for the TN because she plans to stay in the US for a long time, maybe forever). Am I right? can she get an out of cap H1B Visa? Thanks a lot for your answers,
Marie
May 10th 2007, 6:54 am
#2
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Are foreign lawyers with license to practice Law in the US are "out of cap" for H
Your friend is not exempt from the cap since her advanced degrees were not undertaken at US institutions.
She's fortunate to have the TN avenue open to her.
She's fortunate to have the TN avenue open to her.
May 10th 2007, 7:50 am
#3
Guest
Posts: n/a
Re: Are foreign lawyers with license to practice Law in the US are
marielawson wrote on 05/09/07 23:33:
> I am sorry to say that being a US lawyer (but lived most of my life in
> France) I cannot answer this question; for this question I got different
> answers from my colleagues.
>
> One of my best friends is a Canadian Lawyer graduated in Quebec 12 years
> ago (she also got a MA in Paris); her French boyfriend moved to Chicago
> last year; my friend took the Illinois Bar Exam and passed it, so she
> now has a license to practice Law in Illinois. She is in the process of
> being hired but is concerned about not getting a H1B.
>
> My idea is that she could be considered "out of cap" for her
> qualifications (she doesn't want to apply for the TN because she plans
> to stay in the US for a long time, maybe forever). Am I right? can she
> get an out of cap H1B Visa? Thanks a lot for your answers,
Only jobs as universities, non-profit organizations affiliated with universities
(e.g., university hospitals), non-profit research organizations and government
research organizations are exempt from the H1 cap. See INA 214(g)(5).
The applicant's qualification only matters insomuch as there is a different
quota for people with advanced degrees from US universities (and of course, the
applicant has to fulfill the job requirements.)
Both the normal quota and the advanced degree quota are filled for fiscal year 2008.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
> I am sorry to say that being a US lawyer (but lived most of my life in
> France) I cannot answer this question; for this question I got different
> answers from my colleagues.
>
> One of my best friends is a Canadian Lawyer graduated in Quebec 12 years
> ago (she also got a MA in Paris); her French boyfriend moved to Chicago
> last year; my friend took the Illinois Bar Exam and passed it, so she
> now has a license to practice Law in Illinois. She is in the process of
> being hired but is concerned about not getting a H1B.
>
> My idea is that she could be considered "out of cap" for her
> qualifications (she doesn't want to apply for the TN because she plans
> to stay in the US for a long time, maybe forever). Am I right? can she
> get an out of cap H1B Visa? Thanks a lot for your answers,
Only jobs as universities, non-profit organizations affiliated with universities
(e.g., university hospitals), non-profit research organizations and government
research organizations are exempt from the H1 cap. See INA 214(g)(5).
The applicant's qualification only matters insomuch as there is a different
quota for people with advanced degrees from US universities (and of course, the
applicant has to fulfill the job requirements.)
Both the normal quota and the advanced degree quota are filled for fiscal year 2008.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
May 10th 2007, 1:58 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Are foreign lawyers with license to practice Law in the US are "out of cap" for H
If the TN will get her foot in the door, great, use it. A TN can also be sponsored for a green card by their employer, as an H-1B can be.
As for staying in the US forever, even a H-1B can't do that as there is a limit on the number of times the H-1b can be renewed.
As for staying in the US forever, even a H-1B can't do that as there is a limit on the number of times the H-1b can be renewed.
