H1B Visa | stamping FAQ

What are the responsibilities of an H-1 B employer or sponsorer?
H-1 B worker should get paid at least the minimum "prevailing wage" (usually determined by the relevant State Employment Services Agency) or the wage paid to similar workers in the same company for that occupation. H1B sponsorer is responsible for not affecting the conditions of US-resident employees in similar jobs. If the US employer fires the H1 B worker before the H-1 B status gets expired, the employer is responsible for covering return transportation costs of H-1 B worker to their home country.

What is ‘Dual intent’?
Foreign national applying for Non-immigrant visas should demonstrate that they do not intend to immigrate to the US permanently. USCIS allows H-1 B applicants, which is Non-immigrant visa, to have ‘dual intent’ meaning they can apply for permanent residency without jeopardizing their Non-immigrant H-1 B Status. They don’t need to demonstrate their intention not to become permanent residency in the US while applying for H-1 B visa.

As an H-1B holder am I eligible to work at different work location?
Yes. A separate Labor Condition Application (LCA) should be obtained for each site, although, there is an exception for short-term assignments at different work location.

What happens to the petitions filed after H-1 B Cap has reached?
The BCIS announces an annual cut off date once all the H-1 B visas for that year have been used up. Petitions filed after H-1 B quota has been reached but before the cut off date will be processed in the following October. Petitions submitted to the BCIS after the cut off date will be returned to the H-1 B petitioner.

How long does the entire H1 B process takes?
It takes anywhere from 3-6 months unless premium processing is used.

For how long, can I stay and work in the US on H1 B status?
You can stay and work in US as long as your H1B status and employee-employer relationship is valid.

What is the maximum duration of stay in the US on H-1B status?
In theory the maximum duration an H1B holder can stay in the US on H-1B status is 6 years. However, if you want to continue to work in the US on H-1B status for more than 6 years and have not yet obtained your permanent residency status, you can remain outside the US for one year and reapply for another H-1B.

Are there any other exceptions for H1B visa extension beyond the first 6-year term?

• If a H1B holder has submitted either I-140 immigrant petition with the INS or an application for Labor certification with the DOL prior to his/her 5th year stay in the US, he/she can get his/her H1B visa renewed in an increment of 1 year until a decision is made on his/her permanent residency petition.
• If a H1B holder has an approved I-140 petition and cannot proceed further in obtaining his/her permanent residency status due to his/her priority date not being current, he/she may apply for a 3-year extension of his/her H1B status.

Does the H1 B Job need to be full time?
No. H1 B job can be either full time or part time as long as it meets certain criteria for H-1 B job. There is no minimum number of hours per week for H-1 B job.

I have an H-1 B visa for employer A, can I work for employer B if they both have same job description and location?
No. H-1 B petition is approved for a specific employer. If you would like to work for a different employer you need to get H-1 B visa transferred to the new employer.

Can I work for more than one employer simultaneously?
Yes. You may have more than one H-1 B petition approved at a time. Thus, with H-1B status, you may work in two or more jobs at once, as long as each employer has obtained approval of an H-1 B petition for that job.

Can I apply for an H-1 B visa myself on behalf of me?
No. You cannot apply H-1 B visa on behalf of you. There should be an employer (Sponsorer) willing to offer you a job and sponsor visa for you.

What are the criteria should I keep in mind in choosing an H-1 B employer?
The following criteria should be considered:

• Does the employer is in business for long time?
• Does the employer have petitioned for lot other H-1 B employee and familiar with H- B process?
• Does the employer really have a job?
• Does the employer is really capable of paying you the minimum wages for that particular job?

When may I begin working?
In order to be employed in H-1 B status, you must have both an approved Labor Condition Application (LCA) for that particular job and valid H-1 B status. You may not begin working until both of these have been approved, unless you have another status that permits employment.

If my job ends sooner than my expiration of H-1 B status, how long can I stay in US?
You may remain 10 days after the termination of your existing job.

Can I take a promotion within my existing company?
Yes. However, if there is a substantial change in your job description, qualification, title, duties, location etc., then your company must file an H-1 B amendment petition.

My dependents and I live in US in a valid F-2 and F-1 Status respectively; I changed my status to H-1 B. What will happen to my dependents?
If your dependents are staying in US legally they should complete Form I-539 and submit it along with your H-1 B petition in order to change their status to H4.

My dependents are outside US; what do I do?
If they are outside US, you need not include any information about your dependents in your H-1 B petition. Once your H-1 B petition is approved, your dependents might request an H-4 visa from US Consulate abroad.

I am in US in valid H-1 B status; can I go to school?
Yes. You may register and go to school while you are in H-1 B Status; however, you may not accept an assistantship or other student job while you have H-1 B Status.

What are the possible problems encountered in the process of H-1 B approval?
The chances of obtaining an H-1 B visa is good, if the job duties is a professional one and the employee has a degree in a related field. The possible problems are: The employee might not be earning the minimum prevailing wages for a particular job in that location. The job duties are not of a professional one. Employee is small or new the USCIS may question its need for a full-time employee. Employee is out-of-status and living currently in US. He/she may not change to H-1 B status. He/she will be required to return to your home country to apply for a visa after the H-1 B petition is approved.

What are the Forms needed for H1 B Petition?
Form I-129 and H Supplement which can be obtained from INS office or from their official website.

I have been in US for 6 years on H1 B? What are my options in extending my stay?
You must remain outside US for 1 year before re-applying for another H1 B.

I have changed my employer; does my old H-1 B Status get automatically cancelled?
No. It is valid until your previous employer specifically requests the INS to cancel it.

I don’t have a degree; Am I eligible to obtain an H1 B visa?
Non-graduates may be eligible for a H-1 B Visa, if they can claim to be a 'graduate equivalent'.

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