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H1B extension- do I really need an attorney?

H1B extension- do I really need an attorney?

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Old Sep 16th 2011, 10:09 pm
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Default H1B extension- do I really need an attorney?

Currently I have an H1B visa which expires Oct 2012.
The long-term plan is to look at a Green Card but the immediate concern is to get the H1B extended for a further 3 years (am looking at the Green Card issue simultaneously)

The attorney who arranged the H1B initially, wants to charge $3,000 for the H1B extension (excluding any processing fees).
From what I can understand, it shouldn't be too difficult to get this visa extension. My employer has filed regular taxes, the business is growing etc. Not much has changed since the initial application.

$3K seems a lot for this job.
Would I be able to do the paperwork myself?
Or is this really something you need a lawyer for?
I normally wouldn't consider NOT using a lawyer for immigration matters as, but am wondering how difficult this extension is.

Also happy to be put in touch with other immigration attorneys who could do this for a lot cheaper! (we are in Miami, FL).

Thanks
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Old Sep 16th 2011, 10:12 pm
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by 01steven
Currently I have an H1B visa which expires Oct 2012.
The long-term plan is to look at a Green Card but the immediate concern is to get the H1B extended for a further 3 years (am looking at the Green Card issue simultaneously)

The attorney who arranged the H1B initially, wants to charge $3,000 for the H1B extension (excluding any processing fees).
From what I can understand, it shouldn't be too difficult to get this visa extension. My employer has filed regular taxes, the business is growing etc. Not much has changed since the initial application.

$3K seems a lot for this job.
Would I be able to do the paperwork myself?
Or is this really something you need a lawyer for?
I normally wouldn't consider NOT using a lawyer for immigration matters as, but am wondering how difficult this extension is.

Also happy to be put in touch with other immigration attorneys who could do this for a lot cheaper! (we are in Miami, FL).

Thanks
Your employer doesn't want to pay for it?

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Old Sep 16th 2011, 10:21 pm
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Default Re: H1B extension- do I really need an attorney?

Sorry should have mentioned that my employer will be paying for it, but I am doing all the research into this issue.
Thanks
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Old Sep 16th 2011, 10:25 pm
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by 01steven
Sorry should have mentioned that my employer will be paying for it, but I am doing all the research into this issue.
Thanks
Must be a small company if he's concerned about the amount. Also sounds like he doesn't have a designated immigration attorney (or legal firm) that the company normally uses? I guess he wasn't happy with the initial H1B attorney?

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Old Sep 16th 2011, 10:34 pm
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Default Re: H1B extension- do I really need an attorney?

It is a small company.
We were happy with the original attorney but just want to understand this process more.
Thanks for the comments but I'm really only looking for constructive advice about my question not comments about the business.
I hope you understand.
Thanks!
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Old Sep 16th 2011, 10:39 pm
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by 01steven
$3K seems a lot for this job.
Would I be able to do the paperwork myself?
Or is this really something you need a lawyer for?
I normally wouldn't consider NOT using a lawyer for immigration matters as, but am wondering how difficult this extension is.
Pretty sure you are explicitly prohibited from doing your own H1B petition paperwork. (On the other hand, not a lawyer.) This is properly the business of your employer's lawyer.
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Old Sep 16th 2011, 10:56 pm
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Default Re: H1B extension- do I really need an attorney?

Can anyone confirm this?
And substantiate it too?
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Old Sep 17th 2011, 2:11 am
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by zerlesen
Pretty sure you are explicitly prohibited from doing your own H1B petition paperwork. (On the other hand, not a lawyer.) This is properly the business of your employer's lawyer.
The company has to submit the actual application and pay the fees.

As far as I know they can use anyone they like to help them fill out the forms.
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Old Sep 17th 2011, 2:30 am
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Default Re: H1B extension- do I really need an attorney?

General comment: many people have this idea that a renewal of a prior approval is done as a matter of course. However, it is an axiom that any application is treated by the DHS as a new examination -- a prior approval is by no means any guarantee of a new approval.
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Old Sep 17th 2011, 9:28 am
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by 01steven
It is a small company.
We were happy with the original attorney but just want to understand this process more.
Thanks for the comments but I'm really only looking for constructive advice about my question not comments about the business.
I hope you understand.
Thanks!
I think the above comment is very RUDE when people are trying to understand the situation better in order to help you!!!!!
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Old Sep 17th 2011, 1:24 pm
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by md95065
The company has to submit the actual application and pay the fees.

As far as I know they can use anyone they like to help them fill out the forms.
Yeah, you're right. Just seemed somewhat irregular, is all. (Also, I wouldn't care to chance a DIY H petition - although I suppose it wouldn't be impossible...)
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Old Sep 18th 2011, 12:53 am
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Default Re: H1B extension- do I really need an attorney?

Originally Posted by cyrus1341
I think the above comment is very RUDE when people are trying to understand the situation better in order to help you!!!!!
Sorry if it came over that way.
Was not the intention.

Still would be interested in anyone's thoughts on the going rate for an H1B extension.
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Old Sep 18th 2011, 8:39 am
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Default Re: H1B extension- do I really need an attorney?

Bearing in mind Mr Folinsky's comment it sounds like you should be working on about the same amount as the first time you got your H1b. Since the attorney got your H1B the first time it's a reasonable bet that they know what they're doing.
Seems you have 3 options with different cost and risks:
1. Spend $3000 and go with original attorney.
2. Get a cheaper attorney and take a risk that they know what they're doing.
3. The company do it themselves and save $3,000 BUT take a risk they get it right.
So, how lucky do you feel?
If it were me I'd want the company to spend the $3,000. If I were the company and really wanted the extension I'd pay the $3,000.
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