About Us
Arrange a consultation
H1B Visas
L-1 Visas
Green Cards
Labor Certification
Visa Bulletins
Visa Processing Times
Subscribe to newsletter
Useful Links
Contact Us

67 Buck Road, Suite B-55
Huntingdon Valley
PA 19006
Phone: (215) 744-5100 (215) 376-4218
Fax: (215) 525-2220

Email: mjnair@aol.com
H-1B is a nonimmigrant classification issued by USCIS to an alien to work in the United States for a temporary period in a specialty occupation or as a fashion model of distinguished merit and ability. A specialty occupation is one that requires a minimum of a U.S. bachelor's degree or equivalent. Occupations in this category include software engineers, systems analysts, computer programmers, other computer professionals, engineers, architects, teachers, accountants, researchers, scientists, etc.

Currently, H-1B worldwide annual quota is 65,000 (out of which 6,800 are reserved for nationals of Singapore and Chile). In addition to this number, 20,000 H-1B visas are available for graduates of master's degree programs of US graduate schools.

The procedure to obtain an H1B classification is, briefly, as follows: The sponsoring US employer files an online Labor Condition Application (LCA) with the Department of Labor attesting to several items such as payment of prevailing wages for the H1-B position, working conditions, etc. The certified LCA is to be filed with Form I-129 and appropriate supplements along with applicable filing fees to the USCIS. Once the Petition is approved by USCIS, the alien can apply for an H-1B visa at a US Consulate abroad. If the alien is already in the US on another valid non-immigrant visa classification, a change of status can be applied for along with the H-1B Petition by marking the appropriate box(es) on the Form I129.

H-1B visas are usually granted for an initial period of three years, and can be extended for a further three years. After completion of six years on H1B classification, the alien must remain outside the US for one year before he/she can be given another H1B classification to enter the US again. However, extensions beyond a period of six years will be given if an application for Labor Certification or an employment-based immigrant visa petition/application for adjustment of status filed on behalf of such alien has been pending for a period of 365 days or more.

An alien on H1-B classification may work only for the sponsoring employer and only in the job classification/job duties listed on the Petition. If the H1-B alien wants to work for more than one US employer concurrently, each of such employers should have an H1-B Petition approved on behalf of the alien.

An alien may change employers (i.e., start working for a new employer) after the new employer files an approvable H1B Petition.

An alien on H-1B classification is permitted to travel outside the US and reenter during the validity period of the H-1B visa stamp on his/her passport.

An alien may start the process towards obtaining Lawful Permanent Residence in the US (Green Card) without affecting the H1B status.

For Frequently Asked Questions,  click here.



The information on this website is of a general nature only and should not be taken as professional legal advice.
Always seek legal advice before proceeding with your case.

© The Law Offices of Morley J. Nair. All rights reserved.  
Home | About Us | Consultation | H1B Visas | L-1 Visas | Green Cards | Labor Certification | Visa Bulletins
USCIS Forms | Processing Times | Free Newsletter | Useful Links | Directions | Contact Us

Site developed and maintained by Harshad Nair