What is an H1B?
What is the annual quota on H1B visas?
Which occupations are covered under H1B?
What is the procedure to follow when applying for an H1B?
How long can one be in H1B status?
Are there any restrictions on who an H1B holder may work for?
Can an H1B visa holder travel outside the United States?
Can an H1B holder apply for a Green Card?
I am on H1B. Am I subject to the H1B quota?
What is an H1B?
The H1B visa is a non-immigrant visa that serves as work permit for foreign nationals to live and work in the United States for a temporary period of time.
What is the annual quota on H1B visas?
For FY2004, there is an annual limit of 65,000 visas that can be issued.
Which occupations are covered under H1B?
H1B Visas are only issued to professionals for certain specialty occupations. "A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent." For example, architecture, engineering, mathematics, physical sciences, social sciences, software development, etc. More information on the qualification criteria for an H1B.
What is the procedure to follow when applying for an H1B?
The H1B application process needs to be initiated by the employer. The employer must file a Labor Condition Application (LCA) with the Department of Labor providing all the required information. The employer must then file the certified LCA with a Form I-129 petition. Based on the USCIS petition approval, one may then apply for the H1B visa.
How long can one be in H1B status?
One can remain in H1B status for a maximum period of six years at a time. On expiry, they must remain outside the United States for one year before another H1B petition can be approved. There are, however, a few exceptions to this rule. For instance, persons working on Defense Department projects may remain in H1B status for 10 years. In addition, certain persons may obtain an extension of their H1B status beyond the 6-year maximum period, when 365 days or more have passed since the filing of an application for labor certification or the filing of an EB immigrant petition.
Are there any restrictions on who an H1B holder may work for?
An H1B holder may only work for the sponsoring U.S. employer and only in the activities described in the filed petition. The H1B holder may work for more than one employer but must have a Form I-129 petition approved by each employer.
Can an H1B holder travel outside the United States?
Yes. An H1B visa holder may travel and reenter the country during the validity period of the visa.
Can an H1B holder apply for a Green Card?
Yes. An H1B holder can be the beneficiary of an immigrant visa petition without affecting their H1B visa status.
I am on H1B. Am I subject to the H1B quota?
No. Those subject to the H1B quota are those who are not currently on H1B status. In certain circumstances, one living abroad who is not on H1B status but who has been on H1B status in the last 6 months may be able to obtain H1B approval without being subject to the H1B quota.
CAMO Technologies is a specialized IT Staffing firm. We assist companies in sourcing candidates for their IT staffing requirements. We also help out with H1B Visas. If you are a candidate looking for a change in job, submit your resume here. If your organization is looking to source IT professionals, then you may post your staffing requirement here.
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