
The US H1B visa is an employment based and non immigrant visa of America. It is meant for temporary workers, and is an employer sponsored visa. This means that to apply for the US H1B visa, the applicant has to have an employer offering them a job and is ready to sponsor the H1B visa. With proof of this job, the applicant can get an H1B stamping and thus work in the USA for the said employer.
H1B Visa - the dual intent Visa
It is through this USA visa that the employers in the US can bring in aliens with professional qualifications to work for them for some time. This visa is one of the dual intent visas where the H1B holder can apply and get a green card while holding the visa.
The reason for this is that today, the legal employment process in US has retrogressed so much that it takes many years for a professional from countries like India and China to get their green card.
However since the span of the H1B visa hasn’t changed more H1B visa holders can renew their visas for 1 or 3 years and live in legal status in the US while waiting for the processing of their green card application.
Length of the visa
It can be said that this USA visa is like a work permit that permits these people to work in the US for a maximum of six years at a time. There are some situations where the maximum length of stay with this visa is reduced.
If an I-140 has been approved, then the extension for the visa is for three years and if a labor certification application has been made, and is pending for a minimum of one year, you can make a one year extension on the H1B visa.
Eligibility for H1B Visa
Foreign nationals applying for the US H1B visa have to be employed for some time in specialty occupations which require specialized knowledge, and have at least a bachelor’s degree in the field. These fields include H1B visa jobs like engineering, law, accounting, business specialties, medicine, mathematics, arts, social sciences and architecture.
The applicant has to have theoretical and practical experience in a specialized field, with a minimum of a bachelor’s degree or its equivalent. The degree has to be equivalent to a 4 years’ bachelors degree from a US accredited college or university.
If the applicant has a foreign degree, then 3 years of work experience in the same field is considered equivalent to a year of additional education. Apart from all these educational qualifications, the applicant should be ready to lawfully perform all their duties on receiving the H1B visa.
The quota for the H1B visa is 65,000 while there is additional 20,000 quota for people who have completed their master’s degree from US.
Besides having to prove that the applicant has a job opening in a specialty occupation with the appropriate credentials for the job, the employer also has to prove that the visa applicant is paid the existing wages for the job, and that the employment of the person will in no way harm the condition of US workers.
Fees for filing H1B Visa
The fees for applying for the H1B visa lies between $1440 to $2,190 and has to be borne by the employer or H1B sponsor. Employers who employ no more than 25 full time equivalent employees have to pay $1,440 while those who employ more than 25 full time employees have to pay $2,190. This fees is excluding lawyer fees you have to pay for applying for the H1B visa.
US H1B Stamping Procedure
It is important that you get a H1B visa stamping in your passport to legally enter the United States. H1B stamping is available in the US consulate of your home country; and the procedure to get the visa stamping may vary in individual countries.
After filling out the H1B visa application form, and on receiving the H1B approval petition original documents from your H1B visa sponsoring employer, you can head to get your H1B visa stamping.
The requirements for this stamp are the completed non-immigration visa application, additional questionnaire, copy of the interview appointment letter which you get at your appointment with VFS, a valid passport and the original receipt for the application visa fee.
Besides this, the original H1B approval form, offer of employment from your sponsoring employer, all the legal papers you receive with your h1 documents, original experience certificates from previous employers and two photographs sized 2×2 inches that shows your full face against a light background. In addition to this, you have to take along your original degree certificates, latest resume and the demand draft for the visa issuance fees.
H1B US Visa Interview
Once all these documents are examined by the consulate, you will have to go through the H1B visa interview for the final decision for your H1B visa stamping. Before facing the H1B interview, you have to frame and practice probable questions you will be asked and answer them repeatedly. Answer all the answers aloud 3-4 times till you have mastered all the answers.
It is important that you are confident and not nervous during the H1B interview. This is possible if you are prepared thoroughly for the interview. On meeting the visa officer, smile and greet him or her, but don’t show signs of nervousness like flickering eyes and trembling fingers. When speaking to the officer, make sure you look into their eyes throughout the interview.
Make sure you wear formal clothes, with a tie for males, for the interview, and reach it a bit early to avoid missing it because of traffic jams. Answer questions to the point, and don’t tell any irrelevant things. Be polite and don’t ask unnecessary questions; however if you don’t understand anything, don’t hesitate to ask.
If asked ‘what if’ type of questions, don’t answer immediately but think over the answer first. Answer questions correctly as all answers will be computerized and maintained. Details of a rejected visa cannot be changed the next time you go for a H1B visa interview.
H1B Visa Stamping
Once you manage your H1B interview well, the consulate will give your passport the H1B visa stamp that will take you to the land of opportunities, the United States of America. With this H1B visa and stamp, you can stay in the US for three years and a possible extension of three more years.
It is possible for a H1B visa holder to bring their spouses and children to the US during the validity period of the visa. In such cases, the family members need to have a H4 visa. However with this H4 visa, the visa holder cannot take up any form of paid employment in USA.
H1B Visa Transfer
Foreign nationals having H1B employment can transfer to a new H1B job if the new employer files a non-frivolous petition on the alien’s behalf. Moreover, it is required that the alien has not done anything unlawful in the US.
An H1B visa transfer is only a transfer of an existing H1B visa, and not its issuance. It is through this H1B visa transfer that the H1B visa holder can change jobs in US. To qualify for the H1B visa transfer, the applicant has to have an H1B visa, be in lawful status when applying for it and not engaged in any form of unauthorized employment.
Mon, Nov 17, 2008
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