1 |
What is an H-1B visa?
The H-1B visa is a temporary employment authorization for foreign
professionals to work in specific occupational specialties.
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2 |
What is the minimum requirement for
H-1B visa?
The job you apply for must require at least a U.S. Bachelor's
Degree or its equivalent (i.e.: foreign degree or combination
of education/training plus some years of experience in the desired
field). |
3 |
Do I have to work full-time in order
to apply for an H-1B visa?
No, there is no requirement that the position be
full-time. H-1B visas are available for part-time employment.
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4 |
Can I self-petition for the H-1B
visa?
No, the visa is not self-petitioned, which means
you will need an employer to sponsor you.
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5 |
How long can
I stay in the U.S. with a H-1B visa? |
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The initial period of stay is three
years and extensions can be granted for up to a total
of six years , after which you are required to leave
the U.S. for at least one year before being eligible
again. |
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Please note that the new law the
American Competitiveness in the Twenty-First Century
Act of 2000 ( AC21) allows the beneficiary of Labor
Certification to extend H-1B status beyond six year
limit if labor certification was submitted and has
been pending for over 365 days. |
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6 |
Can my family join me in the U.S.
under my H-1B status?
Yes, your spouse and unmarried children under the age
of 21 are allowed to join you in the U.S. under H-4 status .
Spouses and children who are already in the U.S. may change their
status to H-4. They are not permitted to work unless they personally
qualify for a work visa. |
7 |
I am on H-1B status and I found the
new job. Am I subject to the H-1B quota? When can I begin
to work for the new employer?
No. Only new H-1B applicants are subject to the
quota. Upon receipt of your H-1B transfer petition by USCIS,
you can begin to work for the new employer according to the
American Competitiveness in the Twenty-First Century Act
of 2000 ( AC 21).
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8 |
How long does
it take to process the H-1B application? |
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The time it takes to process applications
depends on the service center. Right now, the California
Service Center takes approximately 2-3 months to
process an H-1B application. |
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Premium Processing (additional
$1000 filing fee) applications will be processed
in 15 days. |
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9 |
Who are your clients?
We have extensive experience assisting companies
that apply for H-1B visas for their employees. Our business
and corporate clientele consist of a variety of industries
including, but not limited to: information technology, telecommunications,
biotechnology, finance, printing, architecture, import/export,
manufacturing, academic institutions, and medical clinics.
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10 |
How much experience
do you have with regard to H-1B petitions? What
are some occupations your H-1B clients have held?
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We have successfully handled
hundreds
of
individuals with vastly diverse
educational and working backgrounds. We have successfully
applied for H-1B visas, H-1B transfers and H-1B extensions
for numerous clients.
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Our clients were employed in all
types of industries. Some of the more common occupations
include: all types of engineers, researcher, business
analyst, market research analyst, management analyst,
sales manager, import and export agent, interior
designer, graphic designer, architectural designer,
accountant, assistant professor, doctor, foreign
law counsel, teacher, translator, reporter, hotel
manager, performing artist, acupuncturist, etc.
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11 |
What is US CIS (Citizenship and Immigration Service) filing
fee for H1B petition? |
- The base processing fee will be $190.
- Effective 12/8/04, ACWIA (American Competitiveness and
Workforce Improvement Act,1998) fee will be applied.
- A. $750 for a company of 25 employees
or less.
- B. $1500 for a company of 26 employees or
more.
- The ACWIA fee can only be paid by the company
or a representative of the company, and not by the Beneficiary.
Certain types of petitions, that were previously exempt from
the ACWIA fee (e.g. Non-Profit Organization, High Education
Institute, etc.) are still exempt from the new $1,500 and
$750 fee.
- Effective 3/8/05, additional
$500 new Fraud Prevention and Detection fee.
This additional fee will be applied to H1 petitioners seeking
a beneficiary's initial grant of H-1B or petitioners seeking
to change a beneficiary¡¯s
employer. For amended or extension petitions filed by an
existing H-1B employer, they will be exempt from the $500
fee
- Premium processing
fee of $1,000, if the petitioner or beneficiary wishes to
proceed under premium processing. $1000 can be paid by the
company or the beneficiary, and it should be made payable
to Department of Homeland Security.
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12 |
How many H-1B quotas are available? |
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65,000 per year.
Effective 3/8/05, there is additional 20,000 cap increased
for the beneficiaries who have earned a master's
degree or higher from a U.S. institution of higher education.
The beneficiaries meeting these criteria can file H1B applications
on or after 3/8/05. |
13 |
I was on H1B and then changed status
to F-1. I am now ready to work on H1B again. Do I have
six years again? |
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No. Your six-year on H1B is not reset
unless you were outside US for at least one year.
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14 |
I'm on F-1 status and have a practical
training employment authorization (OPT). If my OPT expires,
do I have to stop working until the H1B approval comes
through? |
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Yes. You cannot work for the H1B-sponsoring
employer during the time between the expiration of the practical
training authorization and the validity date of the H1B approval. |
15 |
I have an H1B and I would like to
file another H1B with second employer, but I want to wait
before I start work. Can I do this? |
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Yes. There is no obligation to begin work
immediately. But you must maintain your status by working
for one of the two companies that have approvals for you.
As long as the prior employer has not revoked the H1B petition
with the INS, it is still legal to be working for the prior
company. |
