I’m asked for my I-94 a lot, but I’m not really sure what an I-94 is. Where can I find my I-94? What is an I-94? What is my I-94 admission number? 


A Form I-94 is a government document issued by the Department of Homeland Security (DHS), which is formally referred to as an alien’s Arrival/Departure Record.  Many individuals refer to it interchangeably as an I-94 or your I-94 number.  The Form I-94 was historically a paper form that was filled out and received by an individual upon entry to the United States at Customs and Border Patrol (CBP),  However, CBP has created an automation system in recent years and now almost all I-94s are electronic and must be retrieved and kept after entry to the United States.  Be sure to log on to CBP at:  www.cpb.gov/i94 and obtain a printout of your most recent I-94 as soon as possible after each entry into the United States as you’ll want to check the I-94 for any obvious errors.  Any mistakes on the I-94 should be reported to our office as soon as possible as any I-94 errors need to be corrected at the earliest opportunity. If you receive a paper I-94 upon entry to the United States, be sure to check the I-94 for any errors as well.  Always be sure to send Celebrezze Law a copy of your most recent I-94 for our records.

I’m currently on H-1B for Employer A, but want to move to Employer B.  Can I switch H-1B employers?

If an H-1B holder wishes to transfer to another employer, and the H-1B holder has not exhausted all of his or her H-1B time available, an H-1B transfer should be a possibility.  H-1B transfer, sometimes known as H-1B portability requires proper timing, preparation and filing before an H-1B should switch positions.  Remember that an H-1B is an employer’s petition, so the employer will need to make the decision to sponsor and file an H-1B transfer.  Employers interested in hiring an H-1B transfer are urged to contact our office at (440) 669-5914 to discuss the procedure as soon as the candidate is identified.

CELEBREZZE LAW, LLC

 

FREQUENTLY ASKED QUESTIONS

IMMIGRATION IN FOCUS.

I’m working for a U.S. Company in OPT and the company would like to file for H-1B status for me.  I’ve heard that H-1Bs are limited each year by a cap.  When should a company file an H-1B Cap petition?

If an employee is nearing the end of his or her OPT validity period, and your company would like to continue to employ the foreign national, the employer will need to sponsor a non-immigrant petition.  Which non-immigrant status is appropriate for an individual depends upon the position, and the individual, however, frequently an H-1B is the appropriate status to request.  Unless the employer falls into a narrow category of exemption, the employer’s first H-1B on behalf of an individual is typically cap-subject.  Therefore, the timing of an H-1B petition is critical, as H-1B petitions are limited in number each year.  At this time, H-1Bs are limited to 65,000 per year, and an additional 20,000 are reserved for individuals that graduate from a U.S. Master’s degree or higher.

 

Generally, USCIS accepts H-1B Cap-Subject petitions starting on April 1st each year for petitions requesting that an individual begin H-1B employment on October 1st of that year.  Due to the limited number and the high demand, the H-1B cap is typically met or exceed within the first few days of applications, and occasionally a lottery must be conducted to determine which H-1B cases will be reviewed.  Contact Celebrezze Law, LLC as soon as possible when an employee or candidate on OPT is identified to ensure the employer has the necessary timeline to ensure continued employment.

 


​I’m currently on H-1B for Employer A, but want to move to Employer B.  Can I switch H-1B employers?I’m a graduating international student and I’ve heard I can apply for optional practical training (OPT).  What is OPT?  How long is OPT?



OPT stands for Optional Practical Training. Optional Practical Training is a small card that has many similarities to a driver’s license, as it includes an individual’s photo and biometric data on it.

 OPT typically allows an individual to work for an initial 12 month time frame for any U.S. employer in a position which correlates to the foreign student’s area of study.  A graduating international student must apply in advance for an OPT card and have the OPT card in hand before he or she can begin employment.
 



My employer won't sponsor me, and I heard I can file for a national interest waiver (NIW) or extraordinary ability green card, is that true? How do I know if I qualify for an EB-2 NIW or EB-1 Extraordinary Ability?

 
It is true that individuals can 'self-petition' in two different categories: national interest waiver (NIW) and EB-1 Extraordinary Ability.  To receive a free assessment of your eligibilty for an NIW or EB-1 self-petition, send your most up-to-date resume or CV to our office today here.