Q: What is the requirement to get H-1B?
The H-1B visa is issued to non-immigrant workers
in specialty occupations. Essentially, these are all professional
level workers - people working in jobs that require at least a
bachelor's degree as a minimum entry requirement. This category
allows such workers to be employed for up to six years.
Therefore, you must have the U.S. equivalent of a
Bachelor's degree in a specialized subject, such as computer
science, economics etc., and the job must require such
specialization.
There
must be an employer who is willing to sponsor you, i.e. the employer offers you
a job, and the job is a specialty occupation?, i.e. one that requires at least a
bachelor degree in the relevant field.
Q:
What is a specialty occupation?
A
specialty occupation requires theoretical and practical application of a body of
specialized knowledge along with at least a bachelor degree or its equivalent.
For example, architecture, engineering, mathematics, physical sciences, social
sciences, medicine and health, education, business specialties, accounting, law,
theology, and the arts are specialty occupations.
Q:
How does one apply?
H-1B
status requires a sponsoring U.S. employer. The employer must file a labor
condition application (LCA) with the Department of Labor attesting to several
items, including payment of prevailing wages for the position, and the working
conditions offered.
The employer must then file
a petition with the Bureau of Citizenship and Immigration Services (USCIS)
Q:
How long can an alien be in H-1B status?
Under
current law, an alien can be in H-1B status for a maximum period of six years at
a time. After that time an alien must remain outside the United States for one
year before another H-1B petition can be approved.
Q:
Who can an H-1B alien work for?
H-1B
aliens may only work for the petitioning U.S. employer and only in the H-1B
activities described in the petition. H-1B aliens may work for more than one U.S. employer, but must have an
I-129 petition filed by each employer.
Q:
What if the alien circumstances
change?
As long
as the alien continues to provide H-1B services for a U.S. employer, most
changes will not mean that an alien is out of status. An alien may change
employers without affecting status, but the new employer must file a new I-129
petition for the alien before he or she begins working for the new employer. The
merger or sale of an H-1B employer business
will not affect the alien status
in many instances. However, if the change means that the alien is working in a
capacity other than the specialty occupation for which they petitioned, it is a
status violation.
Q:
Must an H-1B alien be working at all times?
As long
as the employer/employee relationship exists, an H-1B alien is still in status.
An H-1B alien may work in full or part-time employment and remain in status. An
H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike,
or otherwise inactive without affecting his or her status.
Q:
Can an H-1B alien intend to immigrate permanently to the U.S.?
An
H-1B alien can be the beneficiary of an immigrant visa petition, apply for
adjustment of status, or take other steps toward Lawful Permanent Resident (PR) status without affecting H-1B status. This is known as "dual intent"
and has been recognized in the immigration law since passage of the Immigration
Act of 1990.
Q: How
does the USCIS know whether the job requires a bachelor degree?
It is usually based on industry standard and some publications such as The
Dictionary of Occupational Job Titles.
Q: Is
there a wage requirement for H-1B petition?
Yes, the H-1B worker must be paid the prevailing wage, which can be found in
most wage surveys. There are many such wage surveys and there is considerable
difference among them. Therefore, it is not hard to accommodate the situation
where the salary is low.
Q: How
long can a person in H-1B status?
H-1B can be initially for three years and can be renewed for another three
years. After six years, it can be renewed one year a time under certain
conditions.
Q: How
many H-1Bs can I apply at the same time? Can two employers file H-1B petitions
for the same beneficiary at the same time?
Yes, the person must maintain at least one H-1B status and most people only
maintain one H-1B at a time. But the law does not preclude you to maintain two
H-1Bs at the same time. One can be a full-time job and the other can be a
part-time job.
Q: How
to apply for H-1B?
The first step is to file the Labor Condition Application.
Q: Currently,
I am in practical training status. When is the best time to apply for H-1B?
After you go to work for a while and you get familiar with the environment, you
will have an idea as to whether you want to stay or not. It is always better to
apply as early as possible. There are two reasons for this. First, once you get
your H-1B, it is much easier for you to change job. Second, due to the change of
the law, you don't have to worry about the six-year limit for H-1B.
Q:
What materials and documents do I need to file the H-1B by myself?
All your employer needs to provide some basic information regarding the company
and the position offered to you, and your have to prepare basic information and
documents about yourself, such as diploma, resume, passport and I-94, etc.
You
need to fill the required forms and your employer has to review and sign
the papers.
Q: How
long does the process take to get the H-1B approved?
It
usually takes two to three months to obtain an H-1B status approved by USCIS,
provided the H-1B quota has not been filled.
Q: What
standard is used by USCIS in adjudicating the H-1B and what is the percentage of
being approved?
USCIS will see whether the position is a specialty occupation, i.e. whether it
requires a bachelor degree and whether the beneficiary has the required degree,
or its equivalent, and whether employer has the work for the beneficiary to do
and whether it has the financial ability to pay the beneficiary.
In
practice, it mainly depends on the employer's situation. The larger the employer
and the higher the salary, the more likely the application gets approved. The
rejection rate is about 5%. Even very small and new employers can successfully
file H-1B petitions.
Q:
How
quick can I change from one employer to another if I am now in H-1B status?
You can go to work for the new employer once your new employer files the H-1B
petition. This takes about one week.
Q: When can I apply for H-1B status?
You can apply for H-1B status at any time as long as there is an employer who is
willing to sponsor you for the H-1B, and you are qualified for the position
offered.
Q: What are the
employer exemptions from the fee?
The employer exemptions from
the H-1B application fee includes several situations:
- Nonprofit
entity engaged in “established curriculum-related clinical training of
students”;
- Primary
or secondary education institutions;
- Any
employer who is filling for a second extension of stay for an H-1B
nonimmigrant;
- Non-profit
or governmental research organizations;
- Institutions
of higher educations and related or affiliated non-profit organizations.
Q: My husband is a PhD student, and I
am in United States with F-2 visa. Currently, a local company wants to hire as a
technician, can I apply for H-1B and work for the company?
Yes. you can change your
non-immigrant F2 visa to H-1B visa, and work for the company. Your current visa
status can be changed.
Q: To save money, can I applying for H-1B visa by myself ?
Get an H-1B should be straightforward, but you
need to know the various rules and procedures. A lot of people do
succeed in obtaining H-1B visa by themselves.
Q: Can I work before the H-1B approval is granted?
No. Until the USCIS approves the petition and the
non-immigrant status has been changed, any work by a
non-immigrant will be considered unauthorized.
Q: Can I apply for both H-1B and
Green Card at the same time?
Yes, you can do either or both.
Q: I am
applying for H-1B visa, will USCIS deny my application if I apply
under the category of MS when I actually hold a Ph.D.?
Your application is fine if you employer indicates on the
application that the offered position requires an MS. The fact
that you possess a higher academic degree than what is required
to fulfill the position has no impact on your application.
Q: My
application for PR (I-140) is pending while my practical training
period is almost over. Do I still need either work authorization
or H-1B visa in light of my PR application?
Yes. Your application for PR is irrelevant to your current
non-immigrant visa status, and you need to maintain your legal
status at all times.
Q: I
have filed an application for change of status (I-485). My H-1B visa will
expire next month. Do I need to file for an extension of H-1B?
You should file for an extension of H-1B immediately.
USCIS should expedite your request under these circumstances.
Q: How much does it cost to hire a lawyer for an H-1B visa?
Anywhere between $900-$1500.
Q: Having H-1B visa with one company, can I work for another
company for a part time job?
Yes you can, but you have to get another H-1B visa
for the second employer. Basically, you can hold more than one
H-1B visa at the same time.
Q: During the process of my H-1B visa, if I get a better job
offer, can I take that job?
Yes, You can take that job, but you need to apply
for a new H-1B.
Q: I am coming up on the second three-year extension
on my current H-1B visa. If I change employer three months into the
extension, will I be able to use the remaining two years and nine months with
another employer on a new H-1B ?
Yes you will, but you have to get a new H-1B
visa.
Q: My H-1B is up for renewal after three years . Do I need a
Labor Condition Application from Department Of Labor to renew it?
Yes, you do need a Labor Condition Application
(LCA) from Department Of Labor (DOL) to renew it.
Q: Is the Labor Condition Application specific to a state?
The forms ETA 9035 for LCA are federal.
Therefore, they are the same all over U.S. The certified LCA
itself, however, is valid only in the region where it is
certified and for the job location it is certified.
Q: Can I work for other employer?
You need USCIS permission. It is possible to have
USCIS permission for employment with more than one employer at a
time, but it requires separate H-1B petition. In the absence of
explicit permission, however, an H-1B employee may not work for
any employer other than the one for which the petition was
granted.
Q: I have an H-1B visa and I want to change my job. Is it
possible for my new employer to file H-1B for me without my
original H-1B document, which is with my present employer?
Yes, you do not need the original H-1B documents
from your present employer to get a new H-1B. If it is needed, a
copy of the old H-1B approval is sufficient to file for a change
of employer, even though you have to go through the whole process
of getting the H-1B approval.
Q: Is the new I-94 included in the H-1B approval notice?
H-1B approval notice will arrive on a white form
with a watermark of the statue of liberty, and with the bottom
portion being an I-94 to be cut.
Q: If my company is bought by another company, is my H-1B
visa still valid?
According to USCIS, if the successor company
undertakes all rights, liabilities, assets and privileges of the
previous employer, the H-1 visas are valid even after the takeover.
Q: If I get promoted, do I need to get a new H-1B visa?
Technically, you do need a new H-1B. But if the
job is sufficiently close in description and responsibilities,
your employer can just send a letter to USCIS.
Q: Can I
re-enter US if my multiple entry H-1B application is denied in
Mexico or Canada?
Normally you can. But you should make sure that you don't turn
in your I-94 at the border while leaving U.S. Then you have to
fill in a new I-94 when you enter US by showing your visa and old I-94.
With the passage of the 1996 law, it has become even more
uncertain whether you will be allowed back. Please note, your
reentry is not guaranteed.
Q: May I
leave U.S. for a short time, after my H-1B petition has started?
While many applications are considered abandoned if you leave
the country during the application, that is not true for H-1B. The
reason is that H-1B is not your petition. It is your employer's
petition. You can leave U.S. and upon obtaining approval of H-1B.
Q: What
is the difference between Labor Certification and Labor Condition
Application?
Labor Condition Application (LCA) is for H-1B petition, and the
Labor Certification (LC) is for Green Card petition. The LCA is a very
abbreviated procedure. It is merely a one-page form that is
routinely certified by the Department of Labor. The Labor
Certification is a much more complicated procedure, and it
requires a lot more time and effort.
Q: Is
Job Advertisement required for Labor Condition Application?
No job advertisement is required for Labor Condition
Application. Only internal notices need to be posted by the
employer. Additionally, within 24 hours of filing an LCA, the
employer is required to maintain certain documentation within his
own premises.
Q: Is it
true that only advanced degree (MS, Ph.D.) can have good chance
to get approval of the Labor Condition Application or Labor
Certification?
Generally, a Bachelor's degree in a defined subject area is
sufficient for H-1B, and a Ph.D. has no additional significance.
For a Labor Certification., chances of success depend upon how
many people can qualify for the job. If an advertisement is
placed for a bachelor degree, chances are a lot more people will
apply than would for a job that requires a Ph.D. degree. It is
not advisable to tailor a job to suit your own needs. If the
employer asks for restrictive requirements for the job, the
Department of Labor will object to it. Also, the higher the
qualifications, the bigger the salary must be.
It is not true that only advanced degrees have a good chance
of success. There are a lot of variables that need to be
considered.
Q: I am
currently on H-1B for the past four years. Now I plan to go to
school full-time, can I get another H-1B after I come out of
school?
You will get an H-1B for only two years after you graduate
from school, because you can get H-1B for total six years.
Q: I
obtained my bachelor degree in my country, and a master degree in
the US. Do I still need to show that my bachelor is equivalent to
a US bachelor?
No. You have a master degree in US.
Q: When
should I file for my H-1B visa extension?
You should file your request no earlier than four-six months
before the expiration. Generally, filing the request three months
before the expiration will be good.
Q: Is
filing for an H-1B visa extension the same as filing a new H-1B?
The filing process is the same as filing a new H-1B.
Q: Can I
use the previous LCA to fill for my H-1B extension?
No, you should get a new one.
Q: I am
on an H-1B status and wish to start a company. Is it possible?
Yes, it is possible. You can open a company and then apply for
either a full-time or a simultaneous H-1B for your own company.
There are a few conditions applicable:
- First, you must be working in your own area of expertise.
- Second, your company must pay your wages even if the
company is not making any money. Also, you cannot use
your own company to get a green card.
Q: Can
my employer pay me the salary less than the salary documented on
my H-1B application?
It is illegal to do so, unless the H-1B papers mention that the
employee can be paid on a part-time basis. The employers are not
permitted to do it like this way.
Q: How
many H-1Bs can an individual obtain?
There is no limit as to how many H-1Bs an individual obtains.
Q: Can I
have simultaneous H-1B? If so, is the six-year period calculated
for the multiple visas?
It is permissible to hold many H-1B's separately as long as
the total period does not exceed six years.
For instance, if you
held one part time and one full time H-1B for a year, you have
only spent one year on H-1B. This is so even though you held two
H-1B jobs simultaneously during this time. The jobs may be both
part time, or one full time and one part time. The number of
hours worked is irrelevant for this determination.
Q: If I
apply for a change of employer or an extension of stay, am I
subject to the yearly H-1B cap?
No. Once you have been granted H-1B status, you are no longer
subject to the cap, even if you change employers or extend your
status.
Q: Can
an H-1B status worker immigrate permanently to the U.S.?
An H-1B foreign worker may be the beneficiary of
an immigrant petition, apply for adjustment of status, or take other steps
toward lawful permanent residence in the U.S.
This is known as “dual intent”,
as it has been recognized in immigration law since passage of the Immigration Act
of 1990.
Q:
I have an undergraduate degree from a foreign country. May I still obtain H-1B
status?
It
depends. All foreign degrees need to be evaluated to determine whether the
foreign degree is equivalent to an undergraduate degree offered by an accredited
university in the U.S.
Q:
I have been offered a part time job. Do I still qualify for H-1B status?
Yes.
As long as your work hours are at least 50% of the normal full time hours in
your industry and you satisfy all other requirements for an H-1B, you are
eligible to receive a part time H-1B visa.
Q:
I am in H-1B status now, and I would like to change jobs. How long does it take
to obtain a new H-1B based on a new employer?
If
you would like to change jobs, your new prospective employer must file a new
H-1B application and pay all applicable fees, similar to the initial H-1B
petition filed by your current employer. It generally takes between two to three
months to obtain approval of an H-1B petition submitted by a new employer.
However, you may begin working for your new employer as soon as the new H-1B
petition is filed with USCIS under the new H-1B laws.
Q:
When may I legally begin to work for a new employer?
As
soon as your new H-1B petition is filed with the USCIS, provided you have an H-1B
petition with another employer at the time of filing (i.e., you are in H-1B
status when you filed your new H-1B petition).
Q:
How do I know my H-1B transfer has been filed with the USCIS?
An
H-1B transfer receipt received from the USCIS is confirmation that your H-1B
transfer was successfully filed with the USCIS. A certified return receipt of an
H-1B transfer issued by any post office branch is also sufficient evidence that
your H-1B transfer has been filed.
Q:
I am in H-1B status now and would like to change jobs. Am I subject to the H-1B
quota cap?
No.
If you are in H-1B status, you are not subject to the H-1B quota cap.
Q:
I was in H-1B status but am now in F-1 (student) status and would like to apply
for an H-1B visa. Am I subject to the H-1B quota cap?
Yes.
You are subject to the H-1B quota cap since you are currently in F-1 status even
though you were previously in H-1B status.
Q:
I am in H-1B status now. Can I be laid off or fired by my employer?
Yes,
if as in most cases, your employment offer is at will. (An exception to this
applies if you signed a union contract.) If you are laid off or fired, your
employer's only liability is to provide you with a return one-way ticket to your
home country if you chose to go.
Q:
I am in H-1B status now but have been laid off by my employer. How long is the
grace period that allows me to keep legal status?
You
have a grace period of ten days from the date that you are fired or laid off. In
other words, you will be able to legally remain in the U.S. for ten days and
must file a change of status during this time. After the ten-day grace
period is over, your H-1B visa will no longer be valid.
Q:
I am in H-1B status now. If I am laid off, what must I do if I want to remain in
the U.S.?
You
need to convert to another non-immigrant status, such as an F-1, F-2, or H-4
status within the ten-day grace period. As long as you file your change of
status application within the grace period, you will be allowed to remain in the
U.S. while your case is pending.
Q:
If I quit my current employment and hold an H-1B from my current employer, am I
eligible for the grace period?
Yes,
you are eligible for the ten-day grace period, which begins the day you quit.
Q:
I am not in H-1B status and an employer has offered me a job. During the H-1B
application process, may the employer revoke my job offer and terminate the H-1B
process? If so, do I have any legal rights against the employer?
Yes,
your employer may withdraw both your job offer and your H-1B petition before
your H-1B is approved. Unfortunately, you do not have any legal rights against
your employer if, as in most cases, your employment is at will.
Q:
I am not in H-1B status and my employer submits the H-1B petition for me before
my current status expires. My status has expired but I still have not heard
anything from USCIS regarding my petition. May I legally remain in the U.S.?
Yes.
Q:
May I legally stay in the U.S. if I filed my H-1B petition before my current
status expires even though the cap is reached before USCIS decides my case?
Yes.
Q:
My current status is about to expire and I would like to apply for an H-1B to
legally remain in the U.S., but the H-1B cap has already been reached. May I
apply for an H-1B?
You
are eligible to apply for an H-1B if you currently have an F-1, OPT (optional
practical training), or J-1 status not subject to the two-year restriction.
Q:
While my H-1B is pending, may I legally work for my employer?
Yes,
if you are in H-1B status when you filed your new H-1B petition or are otherwise
authorized by the USCIS.
Q:
Is there a relationship between obtaining an H-1B and obtaining a green card?
No,
each is independent of the other. An H-1B is a non-immigrant status visa while
obtaining a green card describes the process of becoming a permanent resident.
You may apply for a green card with or without an H-1B.
Q:
I am currently in B-1 status. May I obtain H-1B status?
Yes,
if you satisfy the requirements for an H-1B visa.
Q:
I am in F-1 status and am not using my practical training period. May I obtain
H-1B status?
Yes.
A practical training period is not a prerequisite to obtaining H-1B status.
However, practical training is preferred over an H-1B petition because of its
status duration. An H status holder is limited to a maximum stay of six years at
a time, whereas an F-1 status holder is allowed to remain in the U.S. for as
long as he is enrolled as a full-time student in an educational program and
making normal progress toward completing his courses of study.
Q:
What factors are relevant in determining the prevailing wage?
Relevant
factors in determining prevailing wage include:
- Job
title;
- Educational
and work experience requirements;
- Job
description;
- Job
location; and
- Type
of employer, i.e. academic, government or private.
Q:
I am in J-1 (exchange visitor) status. May I obtain an H-1B status?
Yes,
you may obtain an H-1B, provided that you are not subject to the two-year
requirement.
Q:
Is the size of my company a factor in my H-1B petition?
No,
the size of the company sponsoring your H-1B is not a factor. Rather, it is
whether your employer has a real business need for the position you fill and
whether it is financially able to pay your salary.
An
employer is eligible to sponsor you for an H-1B, so long as the employer has
offered you a job and has the financial resources to pay you the job's
prevailing wage.
Q:
How do you define 'financial resources'? Is the company required to meet certain
profit levels in order to be eligible to sponsor an H-1B petition?
No,
the company does not need to be profitable in order to sponsor H-1B petitions,
if they have the cash to pay their employees.
Q:
May I submit an employment based immigration petition before I obtain an H-1B?
Yes.
An employment-based immigration petition does not require an H-1B petition. The
filing of an employment based immigration petition does not preclude one from
filing for an H-1B petition.
Q:
May I obtain an H-1B if I have filed an immigration petition? Does an
immigration petition affect my H-1B application?
An
H-1B holder may have dual intent: both non-immigrant and immigrant intent.
Therefore, the filing of an immigration petition, either an I-130 or an I-140,
does not affect the status of an H-1B application.
Q:
If my employer petitions for an H-1B on my behalf, what should my spouse and
children do?
Your
spouse and children need to apply for an H-4 status at the same time, if they
are in the U.S. and you would like to claim them as your dependents for
non-immigrant status.
Q:
May I change from an H-1 status to an F-1 (student) status?
Yes, provided you obtain and complete Form I-20 from an USCIS approved school.
Q:
My spouse is currently in H-1B status. May I change my status from H-1B to H-4?
Yes,
if you have not exceeded the six-year cap for H status.
Q:
What does the 'six-year H status cap' refer to?
Generally,
when an alien holding an H status (H-1B or H-4) has stayed in the U.S.
cumulatively for six years, that alien is prohibited from further extending his
H status. Instead, the alien is required to change his/her H status or stay
outside the U.S. for one year before reentering as an H status holder.
Q:
Are there any exceptions to the six-year H status rule?
Yes.
Under the new H-1B law, if a labor certification application or an immigration
petition has been filed on your behalf and has been pending for at least 365
days, you may apply to extend your H status for one year (at a time) even if you
have already stayed in the U.S. for six cumulative years.
Q:
What is the difference between an H-1B status and an H-1B visa?
H-1B
status is a non-immigrant status issued by the USCIS. An H-1B visa is a
non-immigrant visa issued by an U.S. Embassy or Consulate abroad. Legal status
allows you to stay legally within the U.S. while a visa allows you to enter the
U.S. legally. Once you enter the U.S. using an H-1B visa, you become an H-1B
status holder.
Q:
I have already filed for an I-485 (adjustment of status). Do I still need to
keep my H-1B status?
You
might want to consider extending your H-1B because if your adjustment is denied
and you did not extend your H-1B, you are out of status.
Q:
I am currently in H-1B status. May I attend school part time? Do I need to
obtain an F-1 (student) status?
An
H-1B holder is allowed to go to school part time without an F-1 as long he/she
currently holds a valid H-1B status.
Q:
I currently have H-1B status from my current full-time employer, and have
received an offer from another employer to work on a part time basis. May I
accept the part time job offer? Is there anything I need to do?
You
should ask the prospective employer to apply for a part time H-1B visa on your
behalf. You may keep two or more concurrent H-1Bs, either holding one full time
and one part time H-1B or holding two part time H-1B visas.
It is not possible
to hold two full time H-1Bs from two employers.
Q:
I currently in OPT (optional practical training). What is the minimum hourly
requirement that qualifies me for a part time H-1B visa?
Generally,
a successful part time H-1B can be based on a job requiring a minimum
20-hours/per week. If your part time offer is for less than 20 hours/per week,
you may still qualify for a part time H-1B visa.
Q:
I am currently in H-1B status but was recently fired. May I change my status to
B-2 (tourist) to remain legally in the U.S.?
Yes,
you have a grace period of 10 days to apply for another non-immigrant status. If
you plan to visit someone or sightsee, you may apply for a B-2 within the 10-day
period. As long as you filed the adjustment of status, you will be allowed to
stay in the U.S. while your case is pending.
Q:
I am currently in H-1B status but was recently fired. May I change back to an
H-1B status once I get a job offer?
Yes,
provided you have valid status. Your pending change of status qualifies as valid
status.
Q:
I have an H-1B from my employer who has laid me off. Now I am in the process of
changing to an F-1 (student) status. My H-1B I-94 has not expired yet. May I
work for my former employer if I am offered the same position again before the
expiration of my H-1B I-94?
If
you have been laid off for more than 10 days, your H-1B is no longer valid even
though you have a valid H-1B I-194. If your former employer offers you the same
position as before, you need to apply for the H-1B again.
Q:
How does USCIS calculate an alien's H-1B length of status?
The
total amount of time or length of status under an H-1B is the cumulative time
that you have worked for all your employers under an H-1B visa.
Q:
I am currently in F-2 status. May I apply for an H-1B? Should I change into F-1
(student) first and then apply for an H-1B?
Yes,
you may apply for an H-1B. You do not need to change into an F-1 status.
Q:
Which H-1B applications are not subject to the H-1B quota limitation?
The
following H-1B applications do not fall within the cap:
- Applications
for of H-1B status extensions;
- H-1B
petitions for concurrent employment where the alien worker is presently in
H-1B status;
- H-1B
petitions to change employers;
- H-1B
applications sponsored by institutes of higher education (or a related or
affiliated nonprofit entity), government, or nonprofit research
organizations; and
- H-1B
applications for physicians who received J waivers under the Conrad State 20
Program.
Q:
Can an H-1B holder extend his H-1B status beyond the six-year H-1b status limit?
In
most cases, an H-1B holder may not extend his status beyond the six-year period,
unless he/she qualifies under one of the following three (3) exemptions:
- An
H-1B holder that is the beneficiary of an approved EB-1, EB-2 or EB-3 visa
petition and is waiting for the new quota to apply for an adjustment of
status, may apply to the USCIS for extensions of H-1B status beyond the
six-year period until his adjustment of status application has been
adjudicated. However, USCIS has the discretion to approve or deny such
applications and as such is not guaranteed.
- A
beneficiary of EB-1 and NIW, if the immigration is filed over 365 days,
either pending or approved, may file the extension of his H-1B beyond the
six-year limit.
- A
beneficiary of BE-3 and EB-2 (other than a national interest waiver), if the
labor certification was approved and filed more than 365 days, and the
immigration petition is filed (either pending or approved), may apply to
extend his H-1B status beyond the six-year limit.
Q:
I am in H-1B status and my immigration petition (I-140) has been approved. I
just filed an I-485 (adjustment of status) 30 days ago. If I change employers
now, will the change affect my adjustment of status?
Yes.
The change will affect your adjustment of status if you filed an I-485 less than
180 days ago.
If you have filed an I-485 more than 180 days ago and you will
work in an identical or similar position for the new prospective employer, you
may change employers and the change will not affect your adjustment of status.
Q:
What is the Premium Processing fee?
The
fee for this service is $1000. The Premium Processing fee may not be waived. In
addition to the Premium Processing fee, all filing fees related to the Form
I-129 (Petition for Non-immigrant worker) must also be submitted. The Premium
Processing fee must be submitted in a separate check or money order.
Q:
How do I contact the Service Center concerning the Premium Processing request
that I filed?
Each
Service Center has a different mailing address as indicated in the instructions
for Form I-907 (Request for Premium Processing). Additional contact information
for each Service Center will be provided to you on your receipt notice.
© Green Card Apply Service