H-1B Visa Detailed….

Hi all…

This post expects to help all those who are trying and looking forward for H1 B Visa process. There will be many doubts, clarifications, procedures, brochures that are needed by many who are new to this. This post tries to answer some of those. Also, we are sure that there are many people who know the processes much better, some last minute details, few items which generally are unknown to many. We would encourage and appreciate all those people who can help us and give in their inputs to make this one stop place for all the queries.

We will make subsequent posts taking in all those additional information that flows in, and will make another FAQ sheet.

Hope many  will make use of this. Expecting your comments to make this better. All the best !!

What is H1B Visa ?

The H-1B is a non-immigrant visa in the United States under the Immigration & Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations.

Who can apply H1B ?

Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.

Where i can find H1B application ?

You can complete in on-line  at application form

How long does the process take?

On average 3-6 months in total, depending on the USCIS Regional Service Center processing the application – unless using Premium Procession.

Is it possible to speed up the process.

Yes. USCIS has instituted a program called Premium Processing. If the INS is paid an extra $1,000 on a separate check, USCIS guarantees it will adjudicate the petition in 15 days or notify the petitioner if more evidence is needed.

Duration of stay

The duration of stay is three years, extendable to six. An exception to maximum length of stay applies in certain circumstances:

1. one-year extensions if a labour certification application has been filed and is pending for at least 365 days; and
2. three-year extensions if an I-140 Immigrant Petition has been approved.

How many H1B visas are available for Fiscal year 2009 – 2010?

65,000 under General Quota. 20,000 for students will Advanced Degree from U.S. Universities.

What is Lottery System?

On April 1 2007 when USCIS started to accept the applications, they received about 115,000 applications. Only 65,000 visas were available to be issued. So, they followed Lottery system to randomly select applications to issue H1b Visa. In 2008 year, more about 163,000 applications were received.

Will there be Lottery system this year?

USCIS will accept applications for the Lottery system till first 5 days if more than 65,000 applications were to be submitted. Unlike last year, all the applications for H1B Visa during first 5 days will be considered for Lottery system.

I have 2 job offers form 2 different companies? Can both employer file H1B applications?

Yes, both the employer can file H1B applications, that will increases your chances, but if both h1b petitions gets approved, you can work only for one employer.

Can my company make H-1B visa applications?

Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself. However, employers should take note that sponsoring an H-1B petition involves them making a number of undertakings, enforceable by heavy civil and criminal penalties: These undertakings are:-

* To pay the H-1B worker at least the higher of the wage paid to similar workers in the same company or the “prevailing wage” (usually determined by the relevant State Employment Services Agency) for the occupation in the area the worker will be employed;
* That the recruitment of the H-1B worker(s) will not adversely affect the conditions of the employer’s US-resident employees in similar jobs;
* That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H-1B aliens to be employed at the site of any subsequent strike or lockout;
* That a copy of the LCA form will be given to the H-1B worker and either given to the bargaining representative of employees in similar occupations or (if there is no bargaining representative) posted in 2 conspicuous locations for at least 10 days in the place the H-1B alien will be working;
* To maintain records of the LCA and the H-1B alien’s employment for inspection by the US Department of Labor.

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