How
we define H1B Visa and Its basic
requirements?
Qualification
of H1B:
H1B
Dependents:
Obtaining
the H1B for Employment and Documents
Required:
Supporting
Documents:
Period
of Stay:
Extension:
How
long can an alien be in H-1B
status?
Change
of Status:
Transferring
Employers:
Essential
Documents for Transferring
H1B:
Incidental
Employment:
Taxes:
What
if the alien’s circumstances
change?
Must
an H-1B alien be working at all
times:
Can
an H-1B alien intend to immigrate permanently to
the U.S:Travel:
Travel
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How we define
H1B Visa and Its basic
requirements?
H1B temporary workers are defined as persons
who will perform services in specialty
occupations on a temporary basis. The
Immigration Act of 1990 defines specialty
occupation as: "an occupation which requires
theoretical and practical application of a body
of highly specialized knowledge to fully perform
the occupation." To qualify as a "specialty
occupation" the position must meet the following
requirements. All five criteria must be met:
- A baccalaureate or higher degree (or its
equivalent) is normally the minimum requirement
for entry into the particular profession.
- The degree requirement is common to the
industry.
- The employer must normally require a degree
or its equivalent for the position.
- The job duties must be "so specialized and
complex that knowledge required to perform the
duties is usually associated with the attainment
of a baccalaureate or higher degree."
The position's level of responsibility and
authority must be "commensurate with
professional standing." The H1B status can be
used to bring temporary faculty members,
researchers, consultants, administrators, or
individuals engaged in a variety of
professional-level activities to the United
States.
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Qualification to
H1B:
To qualify for H1B status, the alien must
possess the required degree or its equivalent or
possess a certificate or license that permits
the alien to immediately practice the profession
in the state of intended employment. The H1B is
employer specific; the employee may only work
for the employer who filed the H1B petition and
can only perform the job included in the
petition. (Concurrent employment is possible, if
each employer has an approved H1B petition.)
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H1B
Dependents:
The spouse and unmarried minor children
(under age 21) of an H1B worker are granted H-4
immigration status. Applications for H-4
classification should be included in the
petition for the H1B worker if the dependents
are in the U.S. Filing instructions are on the
back of the H1B Request Form. Dependents in H-4
status are not eligible for employment
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Obtaining the
H1B for Employment and Documents
Required:
Begin the H1B process at least six months
prior to the requested H1B employment date.
After determining that the person qualifies for
H1B status, the employer must obtain the Labor
Conditions Application (LCA). Once the certified
LCA is received, the H1B petition will be filed.
The petition must show that the foreign national
is entering the United States or changing to H1B
status for the purpose of temporary
employment.
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Supporting
Documents:
For New H1-B1 petition the following
documents are required
1. Resume if you already sent we have soft
copy.
2. Photocopy of Master’s
transcripts and certificate- If Any
3. Photocopy of Bachelor’s transcripts and
certificate
4. Photocopy of
12th/intermediate marks sheet
5.
Photocopy of 10th std marks sheet
6. Photocopy of Experience
letters
7.
Photocopy of entire passport including the blank
pages
8. Photocopies of any
computer certified courses – if any
9. Two Passport Photos
If married:
10.
Photocopy of spouse’s passport
11. Family
information names of children age and Date of
Birth Information.
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Period of
Stay:
An H1B may be initially issued for a period
of up to three (3) years. The period of the H1B
cannot exceed the validity of the LCA.
Extensions may be obtained, but the total period
of authorized stay cannot exceed six (6) years,
unless the individual has progressed through the
requisite steps leading toward permanent
residency.
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Extension:
Your permission to stay in the United States
ends on the expiration date of your I-797
approval notice or your current I-94 Departure
Record card. Extensions up to a six year maximum
period in H1B status are possible provided your
department is willing to sponsor you for an
extension.
Extension
Procedure:
Discuss extension with
your supervisor at least seven months before
your current H1B status expires. Upon decision
to extend, the employer will commence with the
steps outlined above in "Obtaining the H1B for
Employment."
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How long can
an alien be in H-1B status?
Under current law, an alien can be in H-1B
status for a maximum period of six years at a
time. After that time an alien 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 alien to obtain status as an EB
immigrant, or
- 365 days or more have passed since the
filing of an EB immigrant petition.
You may travel while the extension petition
is pending until the expiration date of your
current H1B status; if this date has passed and
you still have not received a new I-797 approval
notice, you should NOT travel outside the U.S.
You will need the approval notice for the
extension to re-enter the U.S.
While you have a pending H1B extension, you
may continue working for 240 days beyond the
expiration date of your current H1B status
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Change of
Status:
Nonimmigrants in most status categories may
change their of status to H1B.
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Transferring
Employers:
Due to the new portability provisions of
Public Law 106-313 (Title I), Section 105, it is
possible to "transfer" H1B status to another
employer based on the timely filing of a
petition for new employment by that sponsoring
employer. Upon receipt by that employer of the
"receipt notice" from USCIS, which indicates
that USCIS has received the petition and the
date on which it was received, the beneficiary
is eligible for employment with the new
sponsor.
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Essential
Documents: for Transferring
H1B:
Please make photocopies of your immigration
documents and keep them in a safe place,
separately from the originals. Photocopy the
following documents:
- passport pages that have your picture and
personal information, as well as official
information;
- passport page with the appropriate visa
stamp on it;
- both sides of your Form I-94;
- both sides of your I-797 approval notice;
1. Passport: Your passport is your own
government's permit for you to leave and
re-enter your own country. You should keep your
passport valid at all times (most passports
contain an expiration date).
2. Visa: The
visa stamp placed in your passport by the U.S.
consul is needed to enter the United States but
has no bearing on how long you can remain. It
also indicates the classification status you
will have upon admission to the United States
(e.g., H1B).
3. Form
I-94, Arrival/Departure Record: The I-94
shows that you have been admitted to the U.S.
The I-94 is usually stapled onto the U.S. visa
page of your passport. It contains an
eleven-digit identifying number (called your
departure number) that the USCIS uses to keep
track of your arrival in and departure from the
United States.
4. Form I-797 approval
notice: The Form I-797 approval notice indicates
that USCIS has approved the H1B petition and has
either changed the beneficiary's status to H1B
(in which case a new I-94 card is issued,
attached to the bottom of the Form I-797A) or
indicated the consulate to which they have sent
notice of the petition's approval (Form I-797B).
The form will state the validity period of the
H1B petition.
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Incidental
Employment:
The H-1B petition is employer specific and
job specific. The H1B beneficiary can only be
employed by and paid by the employer who
sponsored the beneficiary of the H1B petition;
in addition, they can only be employed in the
specific job for which the H-1B was applied. No
other employment is allowed, unless another
prospective employer files an H1B petition for
concurrent employment.
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Taxes:
Employees in H1B status are subject to Social
Security tax (OASDI and MEDICARE). H1B status
employment is also subject to federal and state
income tax, unless tax exemption is specifically
provided by treaty or convention. Employees in
H1B status may also qualify for resident status
for tax purposes if they meet the "substantial
presence" test. Departing aliens in H1B status
are formally required to obtain a sailing (exit)
permit from the Internal Revenue Service.
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What if the
alien’s circumstances change?
As long as the alien continues to provide
H-1B services for a U.S. employer, most changes
will not mean that an alien is out of status. An
alien may change H-1B employers without
affecting status, but the new H-1B employer must
file a new Form I-129 petition for the alien
before he or she begins working for the new
employer. The merger or sale of an H-1B
employer’s business will not affect the alien’s
status in many instances. However, if the change
means that the alien is working in a capacity
other than the specialty occupation for which
they petitioned, it is a status violation.
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Must an H-1B
alien be working at all times?
As long as the employer/employee relationship
exists, an H-1B alien is still in status. An
H-1B alien may work in full or part-time
employment and remain in status. An H-1B alien
may also be on vacation,
sick/maternity/paternity leave, on strike, or
otherwise inactive without affecting his or her
status.
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Can an H-1B
alien intend to immigrate permanently to the
U.S:
Yes. An H-1B alien 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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Travel:
An H1B employee traveling outside the U.S.
should be certain to have all necessary
documents for entry into all countries he or she
intends to visit and for re-entry into the U.S.
If an H1B visa needs to be obtained, it will be
necessary for the employee to present a valid
passport, the original Form I-797, a copy of the
H1B petition, and a letter confirming current
employment to a U.S. Consulate or Embassy
outside the U.S.
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