H1B FAQ

 

What is an H1B?
What is the annual quota on H1B visas?  

What is the procedure to follow when applying for an H1B?
How long can one be in H1B status?
Can an H1B worker work for an employer other than the petitioning employer?
Can an H1B visa holder travel outside the United States?
Can an H1B holder apply for a Green Card?

I am on H1B. Am I subject to the H1B quota?



What is an H1B?

The H1B visa is a non-immigrant visa that serves as work permit for foreign nationals to live and work in the United States for a temporary period of time.

What is the annual quota on H1B visas?

At present, there is an annual limit of 65,000 visas that can be issued.

What is the procedure to follow when applying for an H1B?

The H1B application process needs to be initiated by the employer. The employer must file a Labor Condition Application (LCA) with the Department of Labor providing all the required information. The employer must then file the certified LCA with a Form I-129 petition. Based on the USCIS petition approval, one may then apply for the H1B visa.

How long can one be in H1B status?

One can remain in H1B status for a maximum period of six years at a time. On expiry, they must remain outside the United States for one year before another H1B petition can be approved. There are, however, a few exceptions to this rule. For instance, persons working on Defense Department projects may remain in H1B status for 10 years. In addition, certain persons may obtain an extension of their H1B status beyond the 6-year maximum period, when 365 days or more have passed since the filing of an application for labor certification or the filing of an EB immigrant petition.

Can an H1B worker work for an employer other than the petitioning employer?

An H1B holder may only work for the sponsoring U.S. employer and only in the activities described in the filed petition. The H1B holder may work for more than one employer but must have a Form I-129 petition approved by each employer.

Can an H1B holder travel outside the United States?

Yes. An H1B visa holder may travel and reenter the country during the validity period of the visa. You must have valid visa issued by the State Department.

Can an H1B holder apply for a Green Card?

Yes. H1B status is a dual intent visa status. An H1B holder can be the beneficiary of an immigrant visa petition without affecting their H1B visa status.

I am on H1B. Am I subject to the H1B quota?

No. In certain circumstances, if you were on H1B status sometime in the last 6 years you may be eligible to obtain H1Bstatus without being subject to the H1B quota.