H1-B VISA

Applying for H1-B Visa

US H1-B Visa

The individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. The H1-B sponsors and employers change every year. H1-B visas are dual intent visas as you can get permanent residency as well.

Documents Required While Applying For H1-B Visa

Documents required for H1-b visa who are outside the U.S. are as follows:
  • Passport
  • Labor Certificate Approval
  • Appointment Letter offered by your employer
  • Tax returns paper of the company
  • Copy of the letter sent to the Department of Justice
  • Copy of the letter sent to the Consular General of the Indian Consulate
  • Copy of the official valuation of your degrees
  • Appointment and Relieving Certificates from the previous companies that you were employed at.
  • PG certificate
  • Dates of prior stay in U.S. in H1-B status
  • Job description and duty with the sponsoring U.S. Company to be described in short.
  • Copy of current U.S. License or temporary license
  • Copy of resume with supporting certificates
  • 2 to 3 passport sized colored photographs
  • If H4 visa is being applied for dependent members, then you must submit copies of children’s birth certificates and copy of marriage certificate.

Validity of H1-B Visa

The H1-B non-immigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years. The period of stay can be extended under the American Competitiveness in the Twenty-First Century Act. There is also a limited extension for those who have permanent residence applications pending. But, if your H1-B visa is not extended before the end of the 6th year, you are required to remain outside the country for 1 year.

With the H1-B visa, you can bring your dependents. Your wife and unmarried children below the ages of 21 are entitled to the H4 visa and can stay as long as your H1-B visa is valid. They cannot accept employment but are allowed to attend school in the U.S. Servants are also allowed under the B1 visa.

Benefits of H1-B Visa

The benefits of the H1-B Visa are as follows:
  • There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
  • H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
  • If the employer is terminating a H1-B holder before the end of the authorized employment period, the employer must pay a reasonable cost of transportation for the H1-B holder to go back to his or her home country.
  • If the H1-B holder is changing jobs, he or she must reapply for a new visa. It however doesn’t mean you get another 6 years permit. But those who are converting the H4 visa to H1-B status will get 6 years permit from the date the status changed to H1-B status.

H1-B Visa Limitations

The limitations of the H1-B Visa are as follows:
  • The duration of the stay is temporary. The H1-B holder can however seek for Lawful Permanent Residency, but if the petition is denied then the H1-B holder must go back to his or her home country at the end of the 6 year authorized employment period.
  • An annual limit set to the number of H1-B Visas being issued. The H1-B cap is set at 65,000 for a fiscal year. But the quota is only for new H1-B applications and not to those seeking extension and change of employer.

How to Transfer H1-b Visa to another Employer?

You can apply for transfer of H1-B to another company. But you will need valid employment in the U.S. You must also have recent pay stubs and last 2 year’s W2 forms.

If you do not have recent pay slips, then the reason for not having the pay slips will have to be explained to USCIS. It could be due to unpaid vacation long sick leave. The approval letter for the same must be provided. If you lose the job, you lose the status of H1-B even if you have a valid H1-B Visa or a valid I-94 card.