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H1B: It is employment based, non-immigrant visa category for temporary workers. H1b is an employer sponsored visa category i.e. an employer must offer a job and apply for your H1 visa petition with US immigration dept. This approved petition is a work permit allows you to get visa stamp and work in USA for that employer.Eligibility ?
H1B is issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with at least a bachelors degree or its equivalent.
Note: H1 quota is over for this year; new Quota will be available from April 2006 for yr. 2006.
What is the USCIS Fee for filing for H1B Petition:
(Paid by employer/H1 Sponsor)
Filing Fee - between $1,440 to $2,190 (For petitioners who employ no more than 25 full-time equivalent employees, including any affiliate or subsidiary) and 2190 for employer who has more then 25 fulltime employees.
Lawyer fee may be extra on top of this fee:-
Limit of H1B visa:
Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for increment of up to 3 years.
A new stamping can be done in any other country at any American consulate, based on the H1B extension approval.
H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
H1B visa can be a multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity.
H-1B aliens may only work for the petitioning U.S. employer, and employer may place the H-1B worker on the work site of another employer.
An H-1B alien may be on vacation, sick/maternity/paternity leave.As long as alien is associated with the employer.
The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H1B status.
Permanent Residency (Green Card):
An H1B holder is eligible to seek, permanent residency to USA.
H1B can be transferred, to a new Employer.You can also start working for new Employer upon the receipt of H1 transfer case.
• H1B holder can buy or sell real estate or any other property in USA.
• You can buy lottery or win lottery.
What if 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 employers 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.
Must a H-1B holder be working at all times:
As long as the employer/employee relationship exists, an H-1B holder 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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