H1B Visa (Work Visa)

The H1B visa enables a foreign national to enter the US and perform specialized/ professional services.

How to Apply For H1B Visa

The American company interested in hiring you for professional services as specified above has to move a H1B petition by filing a Labour Condition Attestation and a petition for Non immigrant worker.

You should file the following documents where the application for H1B visa is from outside the US:

  • Passport
  • Employer details
  • Certificates of Education
  • Details of previous US visits.
  • Photographs
  • Details pertaining to dependent(s).

You are required to file the following documents where the application for H1B Work Visa is from within the US:

  1. Passport
  2. Complete contact details
  3. Details of previous visits to the US.
  4. Previous H1B status and approvals
  5. Employer details
  6. Education details.
  7. Social Security number.

Eligibility For H1B Visa

You should satisfy one of the following of H1B Visa (Work Visa)

  1. Hold a bachelor’s degree or a post graduation in the specialized field / professional job.
  2. Minimum of 12 years experience in specialized /professional job
  3. A combination of education and work experience totalling to 12years

A valid job offer in the US is essential.

As a H1B Work Visa holder if you intend to change your job you should apply for a transfer before you quit your job. You loose your H1B visa status immediately after the last date of employment in the current job hence cannot apply for another H1B staying in the US.

Length of Stay and Extension for H1B Visa (Work Visa) Holders

H1B visa enables you to gain entry into the US. After which you need H1B Work Visa status approval to work. The H1B visa is granted for a period of three years. On the expiry, two years extension is granted with a furtherance of one more year if required. One is allowed to stay in the US for a period of six years under the ‘H’ category visa. An extension of stay of one year beyond the period of six years is granted for the Green Card process time where it is applied within 5 years of holding H1B Work Visa.

Where a fresh application is to be made after the expiry of the previous H1B visa you are required to stay out of the US for a period of 1 year for getting another H1B visa. Such a requirement does not arise if you are a Green Card holder.

For every change of job a fresh visa should be applied. Irrespective of the number of jobs you may change the total period of stay cannot exceed six years under this visa.

An extension granted on H1B Work Visa status extends your permission to work and not the Visa. It becomes necessary to revalidate your H1B Work Visa against the extension granted.

If you leave the US with your H1B visa you can reenter for a new job under the same visa provided your new employer files the petition.

There are no travel restrictions under H1B Work Visa.

H1B Visa (Work Visa) Holders Whether Qualified to Apply for other Visas & Citizenship

Professionals holding H1B visa can apply for a Lawful Permanent Residency (LPR) or submit Green Card applications for themselves and their family. There is no cap on the number of H1B visas held by an individual in his lifetime. Dependents viz., spouse and children can enter the US under H4 visa, but they cannot work unless they apply for a H1B visa. They are allowed to study. You can also bring domestic helpers under B 1 visa.

In which case your H1B Visa (Work Visa) Application will be Rejected

Reasons for rejection of H1B Visa application are as follows:

  • Where the number of applications made during the year is beyond the H1B Work Visa cap that is fixed the excess applications are rejected.

Conclusion of H1B Visa

You can hold multiple H1 B visas in cases where you work for more than one employer.Where there is a termination of employment by the employer, expenses relating to transporting the employee to his /her home country should be borne by the employer.

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