When a person deciding to migrate to USA , they usually consider the immigration process with all its difficulties and responsibilities. It is a tedious project, which demands time and money. The sooner you start working on it the better, because H1B can be your ticket to the successful migration. One common question that asks almost everyone – is it enough to have an approved H1B when you actually move to USA? Will you just get the visa stamped in your passport and live your life happily and normally in USA? There are more things involved here…If you are desirable candidate to go for USPTO job then you need H1B visa. You can apply for an H-1B visa after your employers advertise the positions and decide that they would like to employ you from a foreign country. The employers have to file with the USCIS or United States Consulate.

H1B visa is a nonimmigrant visa that allows United States companies to employ foreign workers in specialty occupations for which there is a shortage of qualified American workers. If you are thinking about applying for H1B visa, you will find this article useful.A H1-B visa is a non-immigrant visa issued by the United States of America to individuals that have what it takes to help companies meet skill shortages in specialized areas. The H1-B Visa is an important business visa used on a regular basis by thousands of Indian nationals getting jobs in the US.

H1b Visa For Usa From India

Introduction

The U.S. H1B visa is a type of non-immigrant visa that permits companies in the United States to hire graduate level employees in specialty occupations that require technical or theoretical expertise. This may include work in specialized fields like finance, IT, science, engineering, medicine, architecture, mathematics, or accounting. Applying for a non-immigrant visa is often faster than applying for a green card. However, it can be challenging to acquire an H1B visa due to the visa cap.

Applying for an H1B Visa

H1B visas can only be applied through an employer, meaning you cannot apply for a H1B visa from India by yourself. The H1B visa is tied to a particular employer and if you change your employer, it could affect your visa status. In addition, family members in the U.S. cannot sponsor an H1B visa.

To apply for an H1B visa from India, you must follow several important steps:

1. Applicant Finds an H1B Sponsor

The H1B visa is a work visa meaning the applicant must be approved by a U.S. employer to apply. Before applying for the H1B visa, you must make sure that you will have employment with a U.S. company when you enter the United States. Make it clear from the start of the job application that you will need to be sponsored to enter the U.S.

2. Employer Submits Labor Conditions Approval (LCA)

After being hired by a U.S. company, your employer will start the application by submitting a Labor Conditions Approval to the Department of Labor. This can be done over the internet using the FLAG System. An LCA will inform the DOL about various elements of the job, such as the location, working conditions, and pay. Due to the complexity of this document, you will need to work with your employer to ensure that all information is accurate and meets the requirements of the DOL.

3. Employer Submits Form I-129

If the LCA is approved, the employer will then need to file Form I-129, Petition for a Nonimmigrant Worker. This step of the process requires an evaluation of the worker’s education and experience. The employer will also need to submit certain documents, such as training certificates, the applicant’s resume, letter of support, and employment agreement. There are also fees involved. The processing time can take 3 to 4 months.

4. Applicant Complete Application at U.S. Embassy

If the visa petition is approved, the applicant can complete the process at their home country’s U.S. embassy office or consulate. This process usually only takes a few days but can vary based on location.

The H1B Visa Lottery

The USCIS uses a computer-generated random selection process for choosing H1B visa applicants. This is known as the H1B lottery. The H1B visa lottery was put in place in response to the high number of H1B visa applications that are received annually.

When the amount of visa applications exceeds the annual cap, the USCIS randomly selects the number of petitions allotted. If you are not chosen during the H1B lottery, the USCIS then returns your petition and filing fee and you must wait until the following year to submit your application and try again.

Consult with an Immigration Attorney

Applying for a H1B visa from India can be a long and tedious process. Any errors made on the application or petition can result in extended delays and possibly lost employment in the U.S.

An experienced immigration attorney can assist with the preparation of all forms and documents necessary for obtaining an H1B visa. An attorney can also guide you through the process and answer any questions you may have along the way. Reach out to the qualified immigration attorneys at JacksonWhite Law today for a consultation.

H1B Visa

H1-B Visa is a nonimmigrant Visa which is designed to allow U.S. employers to employ foreign nationals in specialty occupations in the United States of America for a specified period. People from outside U.S. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act.

H1B Visa Eligibility Criteria

To obtain the H1-B Visa, you must:

• Have 12 years of work experience. It can also be a mix of further education and work experience.
• Applicant must hold a bachelor’s degree or its equivalent.
• United States Citizenship and Immigration Services will determine if your employment constitutes a specialty occupation and if you are qualified to perform the services.
• Employer should file a labor condition with the Department of Labor that concerns the terms and conditions of its contract of employment with you.
• You must demonstrate that you have the ability to work in specialty occupation.
• You are willing to come to U.S. to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service.

Applying for H1-B Visa

US H1B Visa

The individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. The H1-B sponsors and employers change every year. H1-B visas are dual intent visas as you can get permanent residency as well.

H1-B visas can be filled and approved in 15 days using the premium processing but an extra fee of $1,225 is to be paid. The H1B visa can also be transferred to the new H1-B sponsor company at any time.

Employer petitions for the H1B visa in the following ways:

• Form ETA-9035:

Labor Condition Attestation through the ICERT website. The employer assures the DOL that they will provide the employee with fair salary and equal benefits similar to that which is being provided to the U.S. citizen.

• Form I-129:

The petition for Nonimmigrant Worker is filed with H Supplement and submitted with supporting documents that include proved LCA and is to be filed with USCIS Regional Service Centre that has jurisdiction over the city of planned employment. When approved, the employer gets notice or approval Form I-797 and a copy is forwarded to the American Consulate.

Also Check: Canada Tourist Visa

Documents Required While Applying For H1B Visa

Documents required for h1b visa who are outside the U.S. are as follows:

• Passport
• Labor Certificate Approval
• Appointment Letter offered by your employer
• Tax returns paper of the company
• Copy of the letter sent to the Department of Justice
• Copy of the letter sent to the Consular General of the Indian Consulate
• Copy of the official valuation of your degrees
• PG certificate
• Appointment and Relieving Certificates from the previous companies that you were employed at.
• Dates of prior stay in U.S. in H1-B status
• Job description and duty with the sponsoring U.S. Company to be described in short.
• Copy of current U.S. License or temporary license
• Copy of resume with supporting certificates
• Two demand drafts, $45 for processing fee and $100 for issuance fee
• 2 to 3 passport sized colored photographs
• If H-4 visa is being applied for dependent members, then you must submit copies of children’s birth certificates and copy of marriage certificate.

If you are applying for a H1-B status when you are already in the U.S., the following documents are to be submitted:

• Copy of biographic and visa pages of current passport
• Current U.S. address
• Foreign address
• Day and evening phone numbers
• E-mail address
• Form I-94 card copy
• Prior H1-B approval notices copy
• Dates of prior stay in U.S. under H1-B status
• Current resume with employment history
• Copy of university or college degree
• Copy of credentials evaluation
• Title you hold with the sponsoring U.S. Company
• Detailed description of your job and duties
• Copy of current license, if any that is required for your occupation
• Social security number
• Recent W2 copy
• Recent pay slip copy

Photo Requirements for H1B Visa

If you wish to apply for the H1B Visa then you need to provide a digital photo. Certain criteria must be met by your photographs. If you get the photo clicked at a studio, then mention that you need it for the US visas.

Requirements:

• Acquisition – The image file that you produce can be taken using a digital camera or by digitizing paper photo with your scanner.
• Dimensions – The pixel dimension of the image should be a square. The height and the width of the photo must be the same. The minimum dimensions must be 600 x 600 pixels for the photo to be acceptable.
• Color – The photo must be in color (SRGB) code. This is the general output for most cameras that are digital.
• Format of the file – The format of the file must be in JPEG.
• Size of the file – The size of the photo file must be 240 kb or less.
• Compression – The image might need compression for giving it the required size.

Scanning Requirements:

1. Size for printing – If the image is scanned from a paper photograph, the size of the photo must be at least 2 inches x 2 inches square.
2. Resolution – The sampling frequency of the printed photos must be 300 pixels / inch.

Composition Requirements:

• The image that you produce must have the full face, shoulders and neck in frontal view. The expression on your face must be non-smiling and neutral. The eyes must be opened and you must look directly at the camera.
• Head must never be tilted towards any side. It should always be at the center of the frame.
• The background of the photo must be light in color. There should not be any distracting shadows in the picture.
• The face should stay in focus. The photo must not be sharpened.
• The photo must not be overexposed or underexposed.

How to Book an Appointment for H1B Visa

• The visa interview is for all the people who wish to get their h1b visa to the United States of America.
• The interview of Visa can be taken by you online at the US Visa appointment system.
• If you wait till the last moment for booking an interview then you might not get the preferred time and date.
• Understand which consulate you have to apply to before you set up an appointment.
• Check out the list provided for the US Consulates present in India.
• Get an appointment on the earliest interview date.
• Check the wait period for visa at all US consulate.

Validity of H1B Visa

The H1B nonimmigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years. The period of stay can be extended under the American Competitiveness in the Twenty-First Century Act. There is also a limited extension for those who have permanent residence applications pending. But, if your H1-B visa is not extended before the end of the 6th year, you are required to remain outside the country for 1 year.

Foreign nationals working in the Defense Department projects can remain in the H1- B status for 10 years.

With the H1B visa, you can bring your dependents. Your wife and unmarried children below the ages of 21 are entitled to the H4 visa and can stay as long as your H1-B visa is valid. They cannot accept employment but are allowed to attend school in the U.S. Servants are also allowed under the B1 visa.

Benefits of H1B Visa

The benefits of the H1-B Visa are as follows:

• There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
• H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
• If the employer is terminating a H1B holder before the end of the authorized employment period, the employer must pay a reasonable cost of transportation for the H1-B holder to go back to his or her home country.
• If the H1-B holder is changing jobs, he or she must reapply for a new visa. It however doesn’t mean you get another 6 years permit. But those who are converting the H4 visa to H1-B status will get 6 years permit from the date the status changed to H1B status.

H1B Visa Limitations

The limitations of the H1-B Visa are as follows:

• The duration of the stay is temporary. The H1-B holder can however seek for Lawful Permanent Residency, but if the petition is denied then the H1-B holder must go back to his or her home country at the end of the 6 year authorized employment period.
• An annual limit set to the number of H1-B Visas being issued. The H1-B cap is set at 65,000 for a fiscal year. But the quota is only for new H1-B applications and not to those seeking extension and change of employer.

Check Here : Visa Renewal

How to Transfer H1b Visa to another Employer?

You can apply for transfer of H1-B to another company. But you will need valid employment in the U.S. You must also have recent pay stubs and last 2 year’s W2 forms.

If you do not have recent pay slips, then the reason for not having the pay slips will have to be explained to USCIS. It could be due to unpaid vacation long sick leave. The approval letter for the same must be provided. If you lose the job, you lose the status of H1-B even if you have a valid H1-B Visa or a valid I-94 card.

How to Check H1B Visa Status without Receipt Number?

You must get paid from the company from the day one of your employment in U.S. as per the law. You will not be allowed to live in the country without salary unless you have taken an unpaid leave or sick leave. Your status will remain valid and legal but you will have to find another employment at the earliest. If you are not getting a job, then it is advisable for you to leave the country.

In the event the employer is refusing to pay your salary, you can place a complaint with the nearest USCIS office or with the Department of Labor.

Also Check: Canada Visa

Read More About H1B Visa

H-1B Visa Dependent EmployersH1B Visa RenewalDifferences Between L1 Visa and H-1B VisaH1B Visa ExtensionH1B Visa Premium ProcessingH1B Visa StatusH1B Visa Rules

FAQs for H1B Visa

When should I apply for H1B Visa?

You can apply for H1B Visa after the petition for the same has been approved by the USCIS. Generally USCIS starts accepting H1B Visa petitions for next year from the 1st of April of the current year. It means that for the year 2017, the USCIS has started accepting H1B Visa applications from April, 2016. The H1B Sponsoring Company will file the Visa petition for you.

How can I apply for H1B Visa from India?

What is the fee for H1B Visa?

News About H1B Visa

New H1B bill tabled in US

The new H-1B Bill tabled by US Republican Representative Jim Banks may make it hard for foreign students looking for work in the US and also for Indian IT companies operating there. The bill seeks to limit the number of visas companies can sponsor for third party contract workers. The companies hiring H1B visa holders will have increased administrative cost as they would have to reapply every year instead of once in three years.

15 December 2021

Policy change to benefit children of H-1B visa holders in the US

US Citizenship and Immigration Services has made a change in their existing policy which will now make it easy for children of non-immigrant visa holders to get a F-1 student visa. This movie is likely to benefit H-1B visa holders in US.

23 July 2021

Some H-1B visa seekers can re-submit their applications

Candidates who are want to apply for H-1B visa for entry to US can re-submit their applications. American tech companies hire thousands of employees from countries like India and China. However, a candidate in order to get the job must hold the H-1B visa. US Citizenship and Immigration Services (USCIS) said that those who had their applications for visa rejected or administratively closed because of the requested start date being after 1 October 2020 can re-submit their application for H-1B Visa. Canidates can submit their applications before 1 October 2021.