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H-IB/H1B1

H-1B is a non immigrant visa used by U.S. employers to hire a foreign worker temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. .

H-1B is a quota based visa. Every year the U.S government issues 65000 visas. Only the persons filing for the first time are subject to cap. These visas are for people who possess at least four years of college education . If the education is earned in a foreign country the equivalency to four years college degree can also be established by combination of education and experience.

In addition to 65000 visas, there are additional 20000 visas available for those who have earned a master’s degree or above in U.S. Similarly for nationals of Chile and Singapore there is an additional quota available and their visas are referred as H1B1.

Due to the increasing popularity and demand, every year USCIS receives more applications than the visas available. As a result for past few years the applications received on the cut off date are put through a random draw. Only the applications selected in the draw are accepted for processing and the remaining are returned along with the filing fees.

H-1B can be filed for part time jobs. In addition a person can take up more than one employments simultaneously as long as all the employers have filed separate petitions and the same have been approved.

In order to qualify for H-1B visa you must:

  • Meet the educational/experiential requirements;
  • Have a U.S employer willing to petition for you;
  • The job title/category must qualify as specialty occupation.

The maximum period of initial stay under H-1B is three years. The total time limit granted for stay under H-1B is six years . Extensions beyond sixth year are available for those who qualify.

H1B1 is a similar visa created only for the nationals of Singapore and Chile, however, the applicants for H-1B1 may directly apply for the visa at the consular post without having their employer file a petition with USCIS. H1B1 has a separate quota of 10000 visas every year.

Our Attorneys handle all the H-1B and H1B1 first time filings, transfers, extensions, extensions beyond six year (if you qualify). For more information and specific case evaluation please contact our office.

813-597-8088 or 407-499-4786 | Info@greencardus.net

FAQ about H-IB/H1B1
Is it true that only a Big Company can file the H-1B petition?
Answer: No, that is incorrect. Any U.S Employer can file the H-1B petition, it can be a big, mid sized, small company or even a sole proprietor. In some cases even an individual may be able to petition for you.
In order to get an H-1B do I have to be a full time employee?
Answer: No. You can get an H-1B even for a part time job.
Can I take another job simultaneously if I am on an H-1B?
Answer: Yes but you will have to file another H-1B through the other employer as well. You can hold multiple H-1Bs simultaneously.
Is it true that only the H-1B employer can sponsor my green card?
Answer: Not at all. You can continue working with your H-1B employer but at the same time any other employer in U.S can initiate the green card process for you.
Which type of employers are cap exempt?
Answer: Institutions of higher education; non profit entities related or affiliated with institutions of higher education; non profit research organizations; and Federal research organization are all cap exempt employers.
Is it true that the spouse and the children of H-1B holder can not work?
Answer: Yes it is true. The spouse and the children get the H-4 status which does not have the benefit of work authorization.