H1 B - The dream of US employment
The US Dream: The US is the land of opportunities, the gigantic economy on the earth has always in demand of top-notch intellectuals such as engineers, doctors, multinational managers etc. One of the biggest secrets of America’s success in becoming leader in the world economy is its immigration policy. Over a century it has been attracting top brains from across the globe. H1 B VISA, a temporary work visa ,is one of the visa types providing in its strategy in supporting USA economy. The H1 B can only be applied by US based employer on behalf of their prospective foreign employee. The process of obtaining H1 B visa involves – Department of labor certification (LCA) approval and submission of nonimmigrant work visa application (I-129 form) by the employer. Once it’s approved an approval notice (I-797) is issued with the US Department of immigration and Citizenship (USCIS). The prospective employee who is granted H1 B will have to obtain VISA stamping from US consulates in overseas. Upon granting VISA stamping the employee can begin work in the US for that employer.
Step 1. Get a digital photograph
Each individual H1B visa application requires a digital photograph. Digital images are required for some visa categories, while photos are required for other visa categories. The acceptance of your digital image or photo depends on the U.S. embassy or consulate where you apply.
Step 2. Complete H1B visa application form DS160
H1B visa application (form DS160) must be completed online, over the internet. You can complete the application at Dept of State website. After successfully completing the application, you will receive a confirmation with a 10-digit barcode. Take a printout of this page. This will be needed for setting up your visa interview appointment.
Step 3. Pay the H1B visa application fee
The fee can be paid either electronically as a bank transfer or in cash at designated CitiBank or Axis bank branches throughout the India. In order to ensure the proper amount is paid and activated in a timely manner, first create a profile at US visa Service website and choose the Schedule Appointment option. On the payment confirmation screen you will be presented with payment options and further details of how to initiate payment. The fee is good for a year from the date of payment. You must take an appointment within a year for your visa interview.
Step 4. Take appointment for visa interview
After you pay the fees, you will have to schedule 2 appointments as part of the H1B visa process. The two-part appointment process consists of an appointment with one of the five Offsite Facilitation Center (OFC) to give Biometrics information that includes fingerprinting and photograph , and second an appointment with the Consulate or Embassy for a personal visa interview.
Step 5. US Visa Fingerprinting at Visa Application Center (VAC)
After taking appointment with the consulate or embassy for personal interview, schedule the fingerprinting appointment at least a day or two before the interview at the consulate.
Step 6. Go for visa interview at designated US consulate
On the day and time of your appointment for interview, go to the consulate where your interview is scheduled. Carry all mandatory and supporting documents and originals.
The business of LOKAH has been the kind that had us involved since the 1990's. It's like we pretty much invented the H1 visas for India, and have been in the business of consulting and H1 B visas. In the year 2000, it made a lot of sense for us to extend our horizons to other Visas and Immigration Services, and expand our expertise towards 'greener' pastures like Canada, Australia, New Zealand, Europe and even South Africa!
The founders started this company with a Vision - To become the most sought after, eminent Immigration and Visa Company, by assisting individuals & businesses. We want to usher the brightest and the best global talent, aid professionals and their families accomplish their great global ambition of moving and working abroad.
And a Mission – to help each and every individual who has ever wished of being to the US; where every one's dreams come true! A nation's strength rests in its diversity, we believe in that. With the indispensable efforts of our squad, we intend to:
- Develop ethical and legal policies, and impart exceptional service to each client, with excellence as a guarantee.
- Understand the dreams of our clients, empathize with them throughout the complexities of immigration processes, as well as celebrate their successes and joys.
- Prepare our clients along with the immigrant community, with our regularly expanding, cutting-edge proficiency in immigration laws and regulations.
- Foster a work environment that is team oriented and positive, where there's mutual respect among staff, and excitement for our work that leaves an imprint on our clients.
Requirements & Specifications
A digital photograph is required for each applicant while applying for a US visitor visa (also called tourist visa or B2 visa). The photograph must meet certain criteria. A studio can take the picture for you if you mention "photograph needed for US visa".
Some embassies or consulates no longer require you to upload a digital photograph while filling out the DS-160 form. In such cases, the photograph will taken at the OFC or ASC along with the fingerprint at Visa Application Center.
The Visa fee must be paid in full before scheduling a US visa interview. The fee can be paid either electronically as a bank transfer or in cash at designated CitiBank or Axis bank branches throughout India.
Use Online Appointment System at the ustraveldocs website to set up an appointment with the US embassy or consulate where you will be applying for your H1 visa.
What is the H1-B Visa Transfer?
The H1B visa is a US non-immigrant visa in the work visa USA category. Within the work visa category, the H-1 visa is for people who have specialty occupations. This means that they have completed advanced education degrees or have extensive training. The most popular type of the H-1 visa is the H1B or sponsorship visa.
The H1B visa allows people to work in the U.S temporarily, so within a specified period of time. The process of getting an H1B visa is initiated by the employer. This means that you have to find a job and the employer will agree to sponsor you for the U.S government.
When you get to the U.S on an H1B visa you have already found a job, and you will work for a certain employer. However, for different reasons, people sometimes want to change their employer. This is where the H1B visa transfer process begins, which is detailed below.
What is the H1B Transfer?
H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. They can then initiate the H1B transfer status, which could take several months.
H1B Transfer Process
The H1B transfer process is similar to applying for the H1B visa initially. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. The H1B visa has a cap of 65,000 people annually that can get this visa. But the H1B transfer has no visa cap. So if you already have an H1B visa, you do not go through the H1B lottery. This means that you do not count towards the visa cap to get the transfer.
The process of applying for an H1B transfer visa is as follows:
Get a new employment offer
If you are currently working for employer A, you will need a job offer from employer B in the U.S to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job.
The employer needs to get a Labor Condition Application (LCA) from the Department of Labor (DOL)
U.S employers are not allowed to hire foreign workers without an LCA certification. Employers can get this document from the U.S Department of Labor. Employers apply for this certification by filing Form ETA9035E. This certification guarantees foreign workers that the U.S employer will treat them fairly by paying a full wage. It also states that they will get a good work environment. In addition, it tells the U.S government that the employer hires legally admitted foreign workers.
- Mandate bachelor degree
- Relevant licence required
- Relevant expeience if required
- Three Years, Extendable to Six Years
- From April 1,till October 1 is the fiscal for the withdraw of lottery
- It's a family visa and the depends hold H4 visa
- Valid Passport
- One Photograph
- Form DS-160
- Visa Fees
- Original Interview Appointment Letter and One Copy
- I-127 Petition Receipt Number printed on approved Form I-129 petition and copy of your Form I-797 approval.
Frequently Asked Questions
What is H1B?
The H1B visa is a nonimmigrant work visa that allows foreign nationals to stay and work in the United States temporarily. An H1B visa petition may be filed for an alien to work in the US to perform services in a specialty occupation.
What are the H1B qualifications?
In order to qualify for a job offer from a US employer who will sponsor your H1B petition, you should: Have a US Bachelor's degree or higher in the area of your specialty occupation from an accredited institution; Have an equivalent foreign degree; or Have experience through positions held in your specialty occupation equivalent to the completion of such degree.
Who can file H1B petition?
You cannot file your own H1 visa petition. Only your prospective employer who has given you a job offer may file your H1B petition on your behalf. If your case is approved, your employer will receive Form I-797 Notice of Action and forward it to you.
What is the H1B process like?
The process of applying for H1B includes the following steps. Obtain a job offer from a US employer. H1B petitioning employer files Labor Condition Application (LCA). Petitioning employer files Form I-129. USCIS selects H1B petitions in H1B lottery until the H1B cap has been met.
Can an H1B visa petition be filed while I am working in India?
Yes. A US employer may offer you a job while you are still working with a company in India. You do not need to be present in the US at the time when your prospective US employer files your H1B petition.
Why is H1B visa called a "dual intent" visa?
A dual intent visa is one of the few nonimmigrant visa categories in which a foreign national may apply for and obtain with the intent of later applying for US permanent residency. With a dual intent visa, the individual is allowed to apply for a green card. Since H1B visa is a dual intent visa, H1B holders may apply for green card if eligible.
Is there a way to expedite H1B petition processing?
Yes, your employer may file your H1 petition under Premium Processing for an additional fee. If your employer chooses premium processing for your H1B petition, USCIS will process the petition in 15 calendar days. For more information, read our H1B Premium Processing FAQs.
How long can one stay in USA on H1-B visa?
The H1B visa duration is limited to 6 years. If required to come again on H1B visa, then one has to stay outside USA, for at least one year, before re-entering.You may be eligible for extension beyond 6 yrs if your green card process and your labor is pending for more then 365 days or you have applied for 485/AOS.
Can my H1B visa be transferred to another company?
Can I bring my spouse with me? If so, can they study and work in the US?
Yes, your spouse and dependents may accompany you to the US on an H4 dependent visa. H4 dependents may study and apply for employment authorization document (EAD) to work in the US.
If H1B Visa is stamped for company A, can a person work for company B?
Legally, no, unless the individual has a H1-B visa approved petition approved for company B.
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