eVisaHelp.com

featured sponsor

H-1B Visa Frequently Asked Questions

Can I legally remain in the United States if I have recently been fired while on H-1B status?

You can legally remain in the United States if you file the I-539 Application to Extend/Change Nonimmigrant Status. Once you file your I-539 you will receive a text message or email notification stating that your form has been accepted at a USCIS facility. Once you receive this message, you should complete the G-1145 E-Notification of Application/Petition Acceptance and attach this to the first page of your application. The filing fee is $290. At the discretion of the USCIS, you may be granted another nonimmigrant visa status. In order to increase your chances of being granted another nonimmigrant visa status, apply for the change of status and file the I-539 within 10 days of being fired from your previous position.

What are the new H-1B displacement and no lay-off rules?

The employer must demonstrate that he did not displace a U.S. worker employed by the employer within 90 days before and 90days after the filing of the H-1B petition/application, in accordance with the Labor Condition Application (LCA).
The employer must demonstrate that they he or she will not place the new H-1B worker with another employer. The new H-1B worker cannot be placed where employment relationships exist with another employer, unless the first employer has no knowledge of the second employer displacing a U.S. worker.

What are the time restrictions and limitations of the H-1B visa?

The temporary nature of the H-1B visa prohibits the worker from permanently remaining in the United States. Individuals with the H-1B visa do not need to maintain a foreign residence. Individuals with this visa may file a petition for Lawful Permanent Residence. If this is denied, the H-1B visa holder must return to their country of residence at the end of the employment period.

Does the H-1B Cap apply to those seeking extensions of change of employer?

The H-1B cap of 65, 000 visas applies only to new visas. However, this does not include H-1B Visa status holders who wish to change employers or seek extensions.

What is a specialty occupation?
A specialty occupation, in relation to the H-1B visa refers to an occupation that requires specialized knowledge, which only the potential immigrant can perform. Please note that a bachelor’s degree or its equivalent is required in order to qualify for this visa.

How do I qualify for an H-1B visa?
Requirements for the H-1B visa:

You must show that you have the specialized knowledge required by the specialty occupation in which you wish to obtain
You must be coming to the United States for purposes of earning money in a professional setting, and show that you are not coming to the United States for reasons such as humanitarian service, leisure, etc.
You must be seeking temporary entry to the United States
You must have at least a bachelor’s degree or its equivalent. Degrees from foreign universities must be evaluated to its equivalency in the United States. On occasion, 3 years of work experience may be sufficient for each year of University education that is missing. This is at the discretion of the USCIS.

What actions does the U.S. employer need to take to sponsor me for the H-1B visa?

The U.S. employer must file Labor Condition Attestation (Form ETA-9035) through the United States Department of Labor on their online website: http://www.icert.doleta.gov

Through this process, the U.S. Company assures that it will provide a reasonable salary to the immigrant worker, and will provide the immigrant worker with equal benefits compared to a U.S. employee.

In addition, the U.S. Company must also file the Form I-129, the Petition for Nonimmigrant Worker along with the necessary H Supplement. The approved Labor Certification Application (LCA) must be included, and should be submitted to the USCIS Regional Service Center that covers the city in which the immigrant intends to be employed. Upon approval, the Form I-797 is sent out to the U.S. employer, and a copy is sent to the American Consulate.

What is the H-1B Visa Application Process?

You cannot directly apply for an H-1B visa yourself. In order to qualify for an H-1B visa, you need a U.S. employer that is willing to sponsor you for the visa. The U.S. employer must file the petition in order to employ an immigrant professional.

What are the benefits of the H-1B visa?

Generally speaking, there are no limits to the number of H-1B visas that one can obtain in their lifetime
Green Card privilege: While under H-1B status, you can apply for Lawful permanent Residency or a Green Card for yourself and your family (wife and dependents)
Early Dismissal: If you are fired by your employer before the end of the authorized employment period, the employer, by sponsoring you for the visa, has agreed to pay the immigrant a reasonable fee for transportation back to your home country. If fired from by your employer, you may seek a change of status and apply for another visa.

If I am fired by my employer under H-1B status and apply for another H-1B visa, does this renew the 6 year allowed time of stay?

If you apply for another H-1B visa, after being fired from a previous employer, you are not given an additional 6 years from the approval date. Since you are allowed to stay in the United States for duration of 6 years, you may stay until you have been in the United States for 6 years in total, regardless of whether you obtained a new H-1B visa.

How long can I stay in the United States with an H-1B visa?

H-1B visas are usually granted for three years. H-1B visas, however, can be extended for another 3 years, totaling in 6 years. After the 6 year period ends, you can apply for a new H-1B visa after you have been outside of the United States for at least one year. In order to avoid such a disruption, if you acquire a Green Card within the time period that you are in the United States under the H1-B visa, you do not need to leave the country for a year.
If you have a pending Green Card application, you may be granted an extension.

Can I bring my spouse and dependents with me to the United States on my H-1B visa?

H-4 visas are given to your spouse and any of your dependent children under 21 years of age. Your spouse and children cannot accept employment under the H-4 visa. Your dependents, however, are allowed to attend school in the United States. In addition, you may bring any servants under B-1 visa status.