F1 and H1B Visas

Raleigh Lawyers for F1 and H-1B Visas

F1 Student Visas

Students who wish to study in the U.S. must first apply for a an F1 visa. Each school or institution will have a Designated School Officer who can assist you with this process. Recent changes in the law have made receiving an F1 visa a more lengthy and complicated process, especially for people who are already in the U.S. and now want to attend school.

The Optional Practical Training program that allows eligible F1 student to work can also be difficult to navigate and many face unexpected difficulties when pursuing this program. While your U.S. college or university is a great first stop, we at Gardner Law, PLLC recommend that you schedule a consultation if you have questions about how to change your status, your current work eligibility, OPT extensions, or any other issues that could affect your immigration status in the future.

H-1B Specialty Occupation Visas

H-1B visas are one of the best-known and most sought-after nonimmigrant visas. These “work visas” require an offer of employment from a U.S. company for a job in a specialty occupation that requires a bachelor’s degree or higher. H-1B specialty occupations include numerous fields, such as:

  • chemistry
  • physics
  • mathematics
  • computer science
  • engineering and information technology
  • economics
  • teaching
  • accounting

Only a limited number of new H-1B visas are authorized each year – this number is “capped” at 65,000 visas each fiscal year. There are an additional 20,000 visas available for people with a U.S. master’s degree or higher. As a result of the high demand for this limited number of visas, U.S. Citizenship and Immigration Services (USCIS) holds a lottery to select eligible applicants for consideration.

H-1B visa holders may bring their spouses and children with them to the U.S. The status is valid for up to 6 years and holders may change jobs while in the U.S., as long as their new employer is willing to sponsor the employment.

The requirements for the H-1B visa are complex and the regulations difficult for employers and employees to navigate.

Please contact Gardner Law, PLLC to help evaluate your current business and employment needs to ensure the most optimal choices for your company. We can be reached at (919) 355-5134.

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Case Results

Results That Speak for Themselves
  • Approved Green Card AC21 Portability at the I-485 Interview

    We worked with her and her new employer to finalize her employment, prepare the I-485 Supplement J and gather the documentation to present at her interview under AC21 to allow her to port her I-140 and green card application.

  • Approved for Adjustment of Status Family Member Adjustment of Status Granted

    Our client wanted to apply for adjustment of status via the 245i form, based on her sister’s US Citizenship that was granted many years prior to our case.

  • Secured Their Green Cards H2B to LPR

    After successfully getting Form 9089 certified by the Dept of Labor for supervisory positions with the company, we were able to reach out to the employees and work with the company to submit an I-140/I-485 petition which was successfully approved.

  • Waiver Approved I-601A Waiver

    Waver was pending for almost one year, but it was approved and we are currently working on consular processing.

  • Received Certificate of Citizenship N-600

    This LPR client came to us worried about naturalizing because she had a bad criminal record and her naturalization application would probably be denied. After a thorough review of her family history, we realized she was already a US citizen through the Child Citizenship Act.

  • Secure a New P1 Visa for 3 Years P1 Visa

    We were able to work with his new manager to put together the needed information about their business, required licenses, and his ability to secure a new P1 visa for 3 years.

  • Released from ICE / Pending Work Permit Removal (Bond Motion)

    Immigrant had a prior order of removal from over 10 years ago. He was detained by ICE again and his US citizen wife hired us to try to get him out. We filed a Motion To Reopen his In Absentia Order with the immigration court in New Orleans, Louisiana.

  • Green Card was Granted Same-Sex, Marriage-Based Adjustment of Status

    The petition did not have any red flags but the USCIS officer interviewed them separately (Stokes Interview) and asked incredibly specific and detailed questions about their finances, work history, and friends and family.

  • Filed for I-918 U-Visa Petition U Visa Certification

    Re-submitted the request, along with the USCIS regulations noting that she had met the requirements in having provided assistance as well as her state of mind following the incident.

  • Renew Existing I-765 While Pending VAWA & I-48 VAWA

    We submitted her application, received a prima facie determination, and asked for her marriage-based I-485 to be held in abeyance until the I-360 VAWA petition could be approved.


The Right Attorneys

May Make All the Difference in the Outcome of Your Case
  • High Quality Legal Representation

    As a member of the American Immigration Lawyers Association, the North Carolina Advocates for Justice, the North Carolina Bar Association, and the North Carolina State Bar, Attorney Gardner has a reputation for professionalism and elite representation.

  • Your Success Is Our Priority

    Hiring a knowledgeable and passionate immigration attorney to represent your interests is one of the most important steps you can take. When you come to us, we will take a personal interest in your case because we genuinely care about your success.

  • Hablamos Español

    Lead Attorney Gardner is a world traveler who speaks fluent Spanish; the entire Gardner Law support team is fluent in Spanish as well. Our attorney will personally handle each legal aspect of your case. We will help you obtain the sense of ease and peace of mind you deserve during this trying and difficult time.

  • We Educate Clients

    We will review your case, inform you of your rights, and guide you in the path that best suits your needs. We will fully equip you to make informed decisions every step of the way. We will offer you the zealous advocacy and compassionate support you deserve.