Frequently Asked Questions on H-1B Visa

What is an H-1B visa?
An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise.
What is a specialty occupation?
A specialty occupation is one that requires specialized knowledge and typically requires at least a bachelor's degree or its equivalent in a specific field of study.
Who is eligible for an H-1B visa?
Individuals who have a job offer from a U.S. employer for a specialty occupation and possess the necessary qualifications, such as a bachelor's degree or higher, related to the position.
How long can I stay in the U.S. on an H-1B visa?
Initially, H-1B visa holders can stay in the U.S. for up to three years. The visa can be extended for up to six years in total, with certain exceptions.
Can I bring my family members on an H-1B visa?
Yes, H-1B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. on an H-4 dependent visa.
Can I change jobs on an H-1B visa?
Yes, H-1B visa holders can change employers, but the new employer must file a new H-1B petition on the employee's behalf.
Can I apply for a green card while on an H-1B visa?
Yes, H-1B visa holders are eligible to apply for a green card (permanent residency) in the U.S. through employment-based immigration pathways.
Is there a cap on the number of H-1B visas issued each year?
Yes, there is an annual cap on the number of new H-1B visas issued each fiscal year. The regular cap is set at 65,000 visas, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.
When can I apply for an H-1B visa?
The H-1B visa lottery process typically opens in late March or early April of each year for employment starting on October 1st of the same year.
What is the H-1B visa lottery?
If the number of H-1B visa applications exceeds the annual cap, USCIS conducts a random selection process (lottery) to determine which petitions will be accepted for processing.
Can I apply for an H-1B visa from outside the U.S.?
Yes, an employer may apply for an H-1B visa on behalf of a foreign worker while the worker is outside the U.S. However, individuals already in the U.S. in another valid non-immigrant status may be eligible to change to H-1B status through a process known as "Change of Status."
Can I work part-time on an H-1B visa?
Yes, H-1B visa holders can work part-time as long as the employer has obtained approval from USCIS for the part-time employment arrangement.

HEAR IT FROM OUR CLIENTS

Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

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