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H-1B
Visa/Status Application and Extension
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H-1B
Visa/Status Application and Do-It-Yourself Package
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The H-1B visa is a temporary nonimmigrant visa which
allows alien professionals to work up to six years in the United
States. An H1B alien individual must leave the U.S. after six years in H-1B status. There are exceptions including those
alien workers who have a
Labor Certification pending for more than 365 days, or Form I-140
immigrant visa approved, or those who changed their status to
H-4 visa.
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The H-1B visa allows specialty occupation workers to enter the United States, and work in a professional capacity for a maximum period of six years. The H-1B status is initially issued for a maximum period of three years, and may be renewed for an additional period of three years.
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Only U.S. employer can
file an application for an H-1B worker. The employer must comply with
the H1B status prevailing wage requirement, agree not to displace American workers,
agree not to replace a laid-off worker with an H-1B worker for a
certain period of time, and agree not to employ the H-1B workers
during a strike or lock-out, among other attestations. => ....
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There
is an annual numerical limit or cap on the number of H-1B visas issued.
Currently, only 65,000 foreign nationals per year can be issued visas or given status in H-1B
visa classification, with additional 20,000 H-1B's set aside each year for holders of U.S. Masters Degrees or higher. =>
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For H-1B visa or status application, the prevailing wage is defined
as the average wage paid to similarly employed workers in the requested
occupation in the area of intended employment. USCIS requires that the hiring of a
H-1B foreign
worker will not adversely affect the wages and working conditions of U.S.
workers. => ....
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The
H-1B visa or status is temporary in nature, and may be approved initially for a period of
up to three years. However, it can be renewed for up to another three years.
Thus, the duration of an H-1B worker's stay in the United States can reach a
maximum of 6 years.
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The
legislation of 'American
Competitiveness in the Twenty-First Century Act' (AC-21) has
relieved H-1B foreign professionals from tremendous pains by allowing better
utilization of mandated employment-based immigrant visa numbers, mobility of the
H-1B professionals pending the Green Card process, and extended H-1B status to
stay and work pending the U.S.
Green Card process.
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Various frequently asked questions
for H-1B application, H-1B requirements, specialty occupation, H-1B annual cap, and H-1B cap exemption, Labor Condition
Application for H1B holder, H1B 6-year maximum period, H-1B extension beyond 6-year, and Green Card
application for H-1B workers. => ....
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Dr. William's answers for questions
of H-1B application and requirements, H1B specialty occupation, H-1B annual cap, and H-1B cap exemption, Labor Condition
Application for H1B worker, 6-year maximum period of H1B status, H-1B extension beyond 6-year, and Green Card application for H-1B workers. => ....
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To apply for your H-1B
visa or status, order our high
quality and case proved "Complete Do-It-Yourself Package
for H-1B Visa/Status Application", which provides step-by-step petition procedures, and
let you know how to
obtain prevailing wage determination, how to receive a Labor Condition Application
from Department of Labor, and how to submit a complete H-1B
application to USCIS. =>...
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More
Articles and News about H1B Visa Application, Extension, and Related Issues
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AAO Decision Analysis #1: Authorized admission for H-1B Status and L-1 Status (7/20/1020)
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Issue of I-485 Applicants Returning from Overseas Trips in Unlawful H or L Visa Status (7/7/2010)
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The
H-1B Cap and A Full Six Years of Additional H-1B Time (6/17/2010)
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Fiscal Year 2011 H-1B Cap Season Continues To Be Open (6/5/2010)
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The DOL's H-1B Labor Condition Application
(LCA) Investigations (5/24/2010)
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USCIS
New Q&A on Extension of Post-Completion OPT and F-1 Status for
Eligible Students (4/16/2010)
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USCIS Site Visiting and Its Efforts to Ensure Employers' H1B Compliant (4/15/2010)
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FY
2011 H-1B Cap and Last Date of Accepting for the Cap Filing (4/9/2010)
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Employment
and Contract Law Issues - Employment Agreements and Immigration Options
(4/8/2010)
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H-1B
Denial and How to Challenge the USCIS on a Denial Decision (3/17/2010)
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USCIS
Announcement of FY 2011 H-1B Cap Filing Guidance and Three Key Points
(3/13/2010)
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Prevailing Wage System for PERM Labor Certification and H-1B Status Application (3/12/2010)
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Online ETA Form 9141 Prevailing Wage Determination Request Form on iCERT Portal (3/4/2010)
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The
Master Degree Requirements for 20,000 Special Cap of H-1B Application
(2/14/2010)
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USCIS' H-1B Memo on Employer-Employee Relationships and 3rd-Party Placements (2/4/2010)
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iCERT Prevailing Wage Determination Request ETA Form 9141 Mandatory Effective (1/29/2010)
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USCIS'
Guidance on Establishing the Employee-Employer Relationship in H-1B
Petitions (1/28/2010)
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USCIS
Director Verified the Increased H-1B Worksite Visits and I-9 Audits
(1/4/2010)
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DOL
Announcement of New Prevailing Wage Determination Procedure in
Place (1/3/2010)
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The
Centralizes/Nationalizes Prevailing Wage Determination (12/20/2009)
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DOL Releases Update of iCERT LCA Filing Guide for H-1B (11/06/2009)
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H-1B Employer's Obligations under H-1B and
LCA, and Wage Obligation until Real Termination (10/01/2009)
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Government
Goes After One IT Firm for $5.0 Million and 18-Count Indictment for
H-1B Fraud (9/23/2009)
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Completion of Degree Requirements for the Purpose of H-1B Cap Filing (7/1/2009)
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The iCERT Portal System for LCA and PERM Filings Practice Advisory (6/25/2009)
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The iCERT Portal System For LCA And PERM Filings (6/1/2009)
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Questions
& Answers at USCIS-AILA Meetings for H-1B and L-1B Issues
(4/21/2009)
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The TARP Employers and the FY 2010 H-1B Cap Filing (4/10/2009)
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Procedure Change for New PERM Application Form 9089 and Labor Condition Application Form
9035E (3/31/2009)
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Questions
and Answers: USCIS to Accept H-1B Petitions for FY 2010 Beginning April
1, 2009 (3/24/2009)
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USCIS to Accept H-1B Petitions for FY 2010 Beginning April 1, 2009
(3/23/2009)
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The H-1B Status Application of Fiscal Year 2010 and the H-1B Lottery History (3/2/2009)
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Prediction of Shifts of U.S. Firms from Hiring H-1B Workers (1/21/2009)
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The H-4 / L-2 Visa Eligibility After H-1B/L-1 Enters U.S. on Advance Parole (12/16/2008)
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The H-1B Cap and a List of Available Resources of Professional Workers for U.S. Employers
(11/18/2008)
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Registration Requirement in Effect for Online H-1B Labor Condition Application (10/9/2008)
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Department of Labor Publishes and Maintains Debarred H-1B Employers List (8/19/2008)
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Foreign
Labor Certification Prevailing Wage Online Updated to 2008-2009 Data
(7/31/2008)
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Proposed New Labor Condition Application Form, ETA 9035, for H-1B
(7/16/2008)
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The Full List of
Programs Designated by ICE as Science, Technology, Engineering, Math (STEM) Degrees
(5/15/2008)
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STEM
Designated Degree Programs for 17-month Extension of F-1 Optional
Practical Training (5/14/2008)
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Important
F-1 Student OPT New Rule - USICE Issues Updates Answering Most of
Unanswered Questions (5/7/2008)
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FY 2009 H-1B Lottery Winner Determination Phases and Timeframe (5/6/2008)
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Consulting
Company Assessed H-1B Back Wages and Penalties (3/26/2008)
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Employer's H-1B Back Wage Liability for Layoffed and Rehired H-1B Employee (3/25/2008)
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File
the FY 2009 H-1B Petitions - Preferred Order of Documents at Time of
Submission (3/12/2008)
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Helpful Information For Completing And Submitting a FY 2009 H-1B Cap Case
(3/4/2008)
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Important USCIS Memorandum for Guidance on for Aliens Previously in H-4 or L-2 Status (1/16/2008)
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19
U.S. Senators Asked DHS to Relieve OPT Time for Foreign Students to
File H-1B Visa Petition (1/9/2008)
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Senator
Grassley Fight Against H-1B Visas Number Increase (12/06/2007)
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Bill Seeking H-1B Cap Hike Got House Hearing, for H-1B Visa Cap from Limit of 65,000 to 115,000 (9/26/2007)
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Determination
of $500 Fraud Prevention Fee Requirement and Form I-129 Part 2.2 Box
Selection (5/30/2007)
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USCIS
Filing Instructions for Forms I-129 and I-539 Under the
Bi-Specialization Initiative (4/4/2007)
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H-1B Recapture of Overseas Trip Time and 7th Year H-1B Extension (2/6/2007)
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The Maximum Period of Stay Allowed for H1B and L-1 Holders - Recapture of H-1 and L-1 Time Abroad (11/29/2006)
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GAO Report Recommends Increased Oversight and Information Sharing for Integrity of H-1B Program (8/30/2006)
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The USCIS Address to Send Your H-1B, L1, O1 Visa Petition (4/12/2006)
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Current Cap Count for Non-Immigrant Worker Visas For Fiscal Year 2007
(4/11/2006)
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The Issue of Ability to Pay in H-1B Petition (3/7/2006)
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Current Cap Count for Non-Immigrant Worker Visas (1/11/2006)
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The Common Mistake for H-4 Holder's Failure to Maintain Status (12/20/2005)
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The H-1B Traveling With Advance Parole
(11/22/2005)
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Employees of Higher Education Institutions or Its Affiliated Entities and H-1B Visa (11/1/2005)
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The Master's Degree Requirement for H-1B and LCA Attestations Requirement Waiver (10/25/2005)
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USCIS Reaches H-1B Cap for Fiscal Year 2006
(9/2/2005)
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The H-1B Rule for US Master Degree or Higher (7/29/2005)
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USCIS Announces Update Regarding New
H-1B Exemptions (5/27/2005)
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USCIS Announces New H-1b Procedures For FY 2005 And FY 2006 (5/11/2005)
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USCIS Announcement of Using New I-129 Forms (4/6/2005)
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The One-Year Incremental H1B Extensions (3/29/2005)
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USCIS Announcement that Employers Should not File H-1B Petitions Until Its Notice (3/9/2005)
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