Facts About H1B Visa | Eligibility | Requirements | Validity

H1B Visa

The H1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations.

To obtain an H1B visa, the following steps should be taken:

1. An employer must first offer you a job and then file a Labor Condition Application (LCA) with the U.S. Department of Labor.
2. Once the LCA is approved, the employer can then file a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
3. You will then need to submit the necessary documents, including proof of your qualifications and education, as well as any relevant work experience.
4. You will also need to pay the required fees and go through a biometrics appointment.
5. After the petition is approved, you will need to go through consular processing, which involves an interview at a U.S. consulate or embassy in your home country.
6. Once the visa is issued, you can enter the U.S. for the duration of your approved stay.

It’s important to note that the H1B visa is subject to annual quotas, and the process can take several months or longer. It’s recommended that you consult with an immigration attorney to assist with the process.

Who is eligible for H1B Visa?

To be eligible for an H1B visa, an individual must have at least a bachelor’s degree or its equivalent in a field that is directly related to the job they will be performing in the United States.

Additionally, the individual must have a job offer from a U.S. employer for a position that requires the specific skills and qualifications that the individual possesses.

The employer must also be willing to sponsor the individual for the H1B visa.

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How long is H1B Visa valid?

An H1B is generally valid for up to three years but can be extended for an additional three years for a total maximum stay of six years.

However, in some cases, an H1B holder may be eligible for an extension beyond the six-year limit under certain circumstances, such as by pursuing a labor certification or an employment-based immigrant visa petition.

It is important to consult with an immigration lawyer to determine if you are eligible for an extension.

H1B Visa Requirement

To qualify for an H1B visa, an individual must meet the following requirements:

1. Must have a valid job offer from a U.S. employer in a specialty occupation. A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty as a minimum for entry into the occupation.
2. Must have the equivalent of a U.S. bachelor’s degree in the specialty occupation. This degree can be from a foreign institution, but it must be equivalent to a U.S. degree.
3. The individual must possess the required credentials, licenses, or certifications, as required by the state in which they will be working.
4. The employer must also prove that they are unable to find a qualified U.S. worker for the position they are offering and that the H1B worker will not adversely affect the working conditions and wages of U.S. workers.
5. Must pass the interview at the U.S. Consulate or Embassy in their home country.
6. Must pay the required fees, such as the H1B application fee, the fraud prevention and detection fee, and the premium processing fee if they choose expedited processing.

It is important to note that the requirements and qualifications for an H1B visa can be complex and may vary depending on the individual’s qualifications and the specific circumstances of the job offer. It is highly recommended to hire an immigration attorney to help with the process.

How long can I work from India on H1B Visa?

As an H1B visa holder, you are generally only permitted to work within the United States. However, there are a few situations in which it may be possible to work from outside the U.S. while on an H1B visa.

One such situation is if you are working for a U.S. company that has a branch or subsidiary in India, and your job responsibilities involve working for that branch or subsidiary. In this case, you may be able to work from India while on an H1B, as long as you continue to maintain your status and comply with all other requirements of the H1B visa.

Another situation is if you are working for a U.S. company that is based in the U.S. but you are temporarily sent to India on a short-term assignment. In this case, you may be able to work from India while on an H1B, as long as the assignment is considered “temporary” and you will return to the U.S. to continue your employment.

Additionally, you may be able to work from India through the H1B visa portability provision, also known as the “AC21 rule“ which allows an individual to start working for a new employer as soon as a new H1B petition is filed, rather than having to wait for the new H1B petition to be approved.

It is important to note that these situations are complex and specific to each individual’s case, and it is best to consult with an immigration lawyer to determine if you are eligible to work from India while on an H1B visa and how to properly maintain your status and compliance.

What is the total cost of an H1B visa in India?

The total cost of an H1B visa in India can vary depending on several factors, such as the type of employer and the attorney’s fees. However, the basic cost for an H1B visa application typically includes the following:

• The H1B visa application fee of $460, is paid to the U.S. Citizenship and Immigration Services (USCIS).
• The fraud prevention and detection fee of $500, is paid to the USCIS.
• The premium processing fee of $1,410, is paid to the USCIS if you choose to expedite the processing of your H1B visa application.
• The attorney’s fees can range from several thousand dollars to tens of thousands of dollars depending on the lawyer’s experience and the complexity of your case.

It is important to note that these fees are subject to change and may vary depending on various factors.

What is i797 H1B?

Form I-797 is a notice issued by the United States Citizenship and Immigration Services (USCIS) as a confirmation of the approval of certain immigration petitions or applications. In the case of an H1B, Form I-797, Notice of Action, is the approval notice for the petition that the employer has filed on behalf of the H1B visa candidate. The I-797 form serves as proof of the approval of the H1B petition and it contains the following important information:

• The name of the employer who filed the petition
• The name of the H1B visa candidate
• The start and end date of the H1B candidate’s employment
• The approval number for the petition
• The validity period of the approval notice

It is important to note that the I-797 approval notice does not serve as a visa. The H1B visa candidate will still need to attend an interview at the U.S. Consulate or Embassy in their home country and obtain a visa stamp in their passport before they can enter the United States.

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Is i797 the same as H1B?

In the last section, I said that form I-797 and H1B visa are related but they are not the same thing. Form I-797, Notice of Action, is a notice issued by the United States Citizenship and Immigration Services (USCIS) as a confirmation of the approval of certain immigration petitions or applications.

In the case of an H1B visa, Form I-797 serves as proof of the approval of the H1B petition filed by the employer on behalf of the H1B visa candidate. It contains important information such as the name of the employer, the name of the H1B candidate, the start and end date of the H1B candidate’s employment, the approval number for the petition, and the validity period of the approval notice.

THE H1B visa, on the other hand, is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is for people who want to work in the United States on a temporary basis in a specialty occupation.

It is a type of work permit that allows you to legally work in the United States for a specific employer. The H1B visa is stamped in the passport and it is required to enter the US, it also shows the validity period of the visa.

So, to put it in simple words, I-797 is a document that serves as proof of the approval of an H1B petition, while an H1B visa is a physical stamp on your passport that allows you to enter and work in the United States.