my friends many of us dont know what exactly H1b visa requiers and what is it really
i may put some effort here to clarify it
hopefully it will help friends
What is an H-1B?
The H-1B is a nonimmigrant classification used by an person who will be employed temporarily
in a specialty occupation or as a fashion model of distinguished merit and ability.
Specialty occupation?
A specialty occupation requires theoretical and practical application of a body of
specialized knowledge along with at least a bachelor’s degree or its equivalent.
For example, architecture, engineering, mathematics, physical sciences,
social sciences, medicine and health, education, business specialties,
accounting, law, theology, and the arts are specialty occupations.
Annual limit on the number of H-1B aliens?
The current law limits to 65,000 the number of people who may be issued a visa or
otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised
to 195,000 in FY 2001, FY 2002 and FY 2003.)
How to apply?
H-1B status requires a sponsoring U.S. employer.
The employer must file a labor condition application (LCA)
with the Department of Labor attesting to several items, including payment of
prevailing wages for the position, and the working conditions offered.
The employer must then file the certified LCA with a Form I-129 petition plus
accompanying fee of $130. (Prior to FY2004, employers were required to submit an additional
$1,000 fee to sponsor the H-1B worker, unless specifically exempt.)
Based on the USCIS petition approval, the alien may apply for the H-1B visa,
admission, or a change of nonimmigrant status.
Under current law, an person can be in H-1B status for a maximum period of six years at a time.
After that time an person must remain outside the United States for one year before another
H-1B petition can be approved. Certain aliens working on Defense Department projects may
remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of
H-1B status beyond the 6-year maximum period, when:
365 days or more have passed since the filing of any application for labor certification,
Form ETA 750, that is required or used by the person to obtain status as an EB immigrant, or
365 days or more have passed since the filing of an EB immigrant petition.
H-1B person may only work for the petitioning U.S. employer and only in the H-1B
activities described in the petition.
H-1B people may work for more than one U.S.
employer, but must have a Form I-129 petition approved by each employer.
if the applicants circumstances change?
As long as the person continues to provide H-1B services for a U.S. employer,
most changes will not mean that an person is out of status.
An person may change H-1B employers without affecting status,
but the new H-1B employer must file a new Form I-129 petition for the person before
he or she begins working for the new employer. The merger or [no ads please]
of an H-1B employer’s
business will not affect the persons status in many instances. However, if the change
means that the person is working in a capacity other than the specialty occupation for
which they petitioned, it is a status violation.
Must an H-1B person be working at all times?
As long as the employer/employee relationship exists,
an H-1B person is still in status. An H-1B person may work in full or part-time employment
and remain in status. An H-1B person may also be on vacation, sick/maternity/paternity leave,
on strike, or otherwise inactive without affecting his or her status.
Can H-1B travel outside the U.S.?
Yes. An H-1B visa allows an person holding that status to reenter the U.S.
during the validity period of the visa and approved petition.
Can an H-1B person intend to immigrate permanently to the U.S.?
Yes. An H-1B person can be the beneficiary of an immigrant visa petition,
apply for adjustment of status, or take other steps toward Lawful Permanent Resident status
without affecting H-1B status. This is known as "dual intent" and has been recognized in the
immigration law since passage of the Immigration Act of 1990. During the time that the
application for LPR status is pending, an alien may travel on his or her H-1B visa rather
than obtaining advance parole or requesting other advance permission from Immigration to
return to the U.S.
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