H-1B Visa

H-1B Cap per Year:

This is the maximum number of new H1B visa applications accepted by USCIS for each year. Example: In October 2003, H1B cap had been 195,000 i.e Only 195,000 applications will be accepted by UCSIS. The best way to get the latest status is to find out the cap status in www.uscis.gov.

Important documents required for H-1B:

Prior work experience.
Copy of degree and mark sheets for each year of college study.
Up-to-date resume.
Copy of your passport.
Copies of recent pay slips.
Photos.

In order to be considered as a nonimmigrant, your company must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. Once approved, the employer is sent a notice of approval, Form I-797.

H-1B Transfer:

When the H1b visa holder changes an employer, a new H1b visa petition I-129, Petition for Nonimmigrant Workers is filed by the future employer. This is called as transfer of H1B visa. It allows the job seeker to change jobs immediately when the new employer files a new petition. There is no need for the job seeker to wait until I-129 is approved. Once approved, the future employer is sent a notice of approval, Form I-797.

H-1B Extension:

H-1B / spouse and children:

The spouse and unmarried children under the age of 21, of H1B professionals are allowed to stay in the United States in the H4 category for as long as the H1B professional visa status is valid.

H-1B and unexpected situations:

For some reason, if USCIS revokes h1b application petition or the employer files a written withdrawal of your petition, or because of lay-offs you don't get a job with a certain period of time(consult with an attorney), then you cannot stay in US.

Tips:

In case of unexpected situation, always consult with an immigration attorney.

Whenever you move to a different address, inform your employer and USCIS.

H-1B Visa Sponsors

H4 Visa