What is an H-1B visa?

H-1B visas are temporary worker visas used by U.S. companies to employ foreign college graduates, or higher, who have degrees in a specialized field, also referred to as a specialty occupation. The employer’s position must require specialized knowledge gained from a bachelor’s degree or higher in a specific specialty, or its equivalent, to qualify. There are very specific requirements to be eligible for an H-1B visa, and government frequently questions whether a position meets them, and we work with our clients to submit fully complete applications.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well. Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.
When you go to a USCIS-approved doctor for the service of USCIS medical exam, remember that–for the purposes of the USCIS exam–the doctor works for the US government, not for you. Anything that you tell the doctor could be communicated to the US government. The doctor cannot violate medical ethics by communicating information about you to other parties aside from USCIS, but for the purpose of the exam, you are consenting to the doctor sharing all information with USCIS.
To get a green card through marriage, you need to undergo a medical exam with a USCIS approved doctor. You can find the doctors using the tool
You should get your medical exam completed before you file your green card for two important reasons. First, you–and I as your attorney–want to see if any issues come up with your medical exam. For example, a client recently conducted her medical exam and learned that she was positive for TB (tuberculosis). With that diagnosis, she is not eligible for a green card. She needed to get the necessary treatment–which took 8 months–in order to get a clear and complete medical exam. If she had filed without the medical exam, waited for an RFE, and then learned that she had TB, she may not have been able to respond to the RFE by the 3-month deadline and her entire case would have been denied, and she would have had to start over. Sometimes, even when we see negative results, we file the application due to certain legal issues. However, it’s best to decide to file without the medical exam knowing why you’re applying without the medical exam.
Before you do anything with the government, you should find out what records the government has about you. Here are a few examples why:
Generally, having prior or pending immigration applications is not a problem. However, if you want to file for a nonimmigrant visa AFTER you file for a green card, you may have a problem showing that you intend to return to your home country. Also, if you’ve filed or will file other applications, you want to make sure that they are all consistent. If you see a mistake on a past application, don’t change your current application to fit the mistake–figure out with your experienced immigration attorney if you can safely bring the mistake to the attention of USCIS when you file a new application with the updated answer. Finally, make sure to share a copy of all your prior applications with your new attorney. If you don’t have copies of them, request them with a Freedom of Information Act (FOIA) Request. 
This won’t be a problem for a spouse of a US citizen UNLESS the person worked without permission and then did NOT disclose that fact when asked about it on an online immigration application, paper submitted application, or in person with an immigration official. A common situation is for a student on an F-visa to babysit while he is in school, and then not disclose that when asked about it on an online immigration application, paper submitted application, or in person with an immigration official. If you’re asked by a US immigration official about unauthorized work and you lie, you may turn a non-problem (the work) into a big problem (lying, fraud, misrepresentation).
If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, you need to get some marriage documents in order. First, you’ll need a certified copy of your current marriage certificate. If the certificate is not in English, you’ll need an English translation of the document. You can use an online translation service, or you can use a simple Certificate of Translation, like we will show you
There are special (usually positive) issues for Canadians as related to being in the US, even if they “overstay.” The reason is that the US government is not clear about whether Canadians who entered without a visa and who stay longer than 6 months actually have “overstayed.” If you are Canadian, the best course of action is to not stay longer in the US if you entered without a visa. If you did stay in the US more than 6 months (on this entry or prior entries), you need to speak with an experienced immigration attorney to determine if and how this will affect your eligibility for a green card.