Hi! Need help with Hotel Industry - H1B renewal
2 attorney answers
Normally, if the hotel is able to show financial ability and they are paying you according to the prevailing wage determination for your job, and they continue to support the H1B, then it should be approved. If you suspect they are in trouble or might not renew your contract, then you might be in trouble. If that is the case, then it would be prudent to explore other job opportunities in the event this one goes sour and you may obtain an H1B Transfer.
for the renewal, you will be submitting documents showing that you are in status and employed by the hotel-prior H1B approval, biographic pages from passport, paystubs, last years taxes and the hotel will be showing last year's taxes or profit and loss statement.
We also submit copies of previous documents as sometimes the examiner can't find them in the original file and that way it is just all there.
In any event, you should consult with a qualified immigration attorney to see what your options are.
An H-1B - even as an extension of an existing visa - should be handled by an attorney given the complex nature of the filing. I suggest that you consult one rather than trying to handle this yourself. If you are working off of the original paperwork filed for you, take a look at the revision dates in the lower right hand corner of the I-129 forms - the forms have been substantially revised (several times, in fact) since your last H-1B most likely was prepared, and there have been many changes.
You will now need to explain and document things as diverse as your maintenance of H-1B status and whether the employer has received TARP funding under certain of the government bailout packages - neither of which would have been a requirement (I doubt) for your original H-1B.
I strongly recommend that you have an attorney handle this.