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H1B Visa

H1B visas are issued to candidate, who has highly specialized knowledge acquired through a college education. H1B visas can be obtained in any US consulates abroad, and are never issued in US.

Benefits and Limitations:

Requirements for F1 visa Optional Practical Training ( OPT )

H1-B Visa is given for an initial period of 3 years and may be extended for an additional period of 3 years totaling for a cumulative period of 6 years.
Spouses and children under 21 years of temporary workers with H-1 Status are allowed to stay in US with H-4 visas. Individuals with H-4 visas can study Full time or part time without changing to F-1 status. H-4 status holders, however, cannot accept employment in US unless they obtain H-1B of their own.
Temporary workers with H-1 status can travel in and out of US or remain until H1-B status expires as long as they maintain their status.
You can work only for the employer who has petitioned your H-1B on behalf of you. If you want to work for another employer they have to petition another one and should be approved.
It is the employers responsibility for the return transportation in case of employee's termination prior to the approved employment period.
H1 B holder is eligible to buy properties, invest in stocks, houses etc.
H1 B holder cannot work as self employed or do contract work on behalf of himself.

H1B Application process

Your prospective employer should submit the petition, consisting of forms and documents, in duplicate to the USCIS office. The employer will receive a confirmation and a 13-character Application Receipt Number in few weeks, which can be used to check the application status. When your petition is approved, your employer will receive Notice of Action, Form I-797, which in-turn will be mailed to you.

H1 Visa Stamping

You can apply for H1B visa in the US Consulates abroad or in your home country as soon as you obtain I-797, H1B Approval Notice, from your employer. Foreign nationals residing in the US in other non-immigrant visa status can remain and work in the US as long as their I-797 is valid. If you travel out of the US and when you return to the US you should get Visa Stamping, in your passport. Gettting a H1B visa from a US consulate abroad is generally called Visa Stamping. H1-B Visa cannot be obtained in the US regional service office located locally in US. You have to get it done in one of US consulates abroad. People usually prefer Canada and Mexico, since they are border countries to US. When you schedule an interview for a H1-B visa at a US consulate, you will receive an information packet, which contains time and location of the interview.

Forms and Documents needed for H1B Visa Interview | Stamping

From I-797 (H1B Approval Notice)
Current LCA copy(Labor Condition Application)
Interview appointment letter
Letter from your Employer requesting issue of H1B visa for you. The letter also should describe about the company, revenue, job description and salary.
Your degree and all educational certificates (Originals and copies)
Experience letters from previous employers, recent pay slips, job offer.
Valid passport
Two passport type photos complying with the following Specifications
DS-156 Form (Application form)
Form DS-157 (If you are a male applicant between the ages of 16 and 45)
Application Fee $100
Reciprocity Fee, Depends on your country of citizenship

H1B Visa Revalidation

It is a process of revalidating an expired H1-B visa after your first 3-year stay in US expires. A Visa revalidation can be done either in US or US consulates abroad. Your visa revalidation can be done without going out of US if you are physically present in US when your H1-B extension has been approved, if you entered US legally and have a valid I-94 card.

Forms and Documents needed for Visa Revalidation

Notice showing H1-B petition.
Employer’s LCA (Labor certification approval)
Current I-94 card
Your passport (valid at least 6 months)
Two passport type photos, complying with the following Specifications
Reciprocity fee for certain national
Notice of action I – 797. (H1-B approval notice)
Detailed letter from your employer describing your duties.
Application fee(Bank Draft or Money order) payable to Department of state.
Male applicants between 16 and 45 should submit an additional Form DS-157

It is not advisable to leave the country while you are waiting for approval of your Extension of Stay or revalidation.

H1 B Premium Processing

With an additional payment of $1000, USCIS (United States Citizenship and Immigration services), which are located locally in the US, promises that your petition will be processed with in 15 days.

Rejection of H1-B Visa

If your H1-B application is rejected by the US consulate, you may re-apply as often as you like. The reason for the denial will be informed by the consulate officer. If your petition is rejected on the basis of incomplete document, provide sufficient documents when you reapply the next time.

 
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