H1B Visa: Overview
The
H-1B category is an expedient and lawful method to
bring foreign-born professionals temporarily to the
United States, and therefore one of the most widely
sought after visa classifications for employment in
the United States.
An individual may work in H-1B status for a maximum
of six years. However, a petition will not be granted
for more than three years. An extension of stay is
requested if an individual is in H-1B status already
and he or she is eligible for a longer period of
employment. Certain aliens working on Defense Department projects
may remain in H1B status for 10 years.
USCIS will generally not grant a petition
for self-employed people. A petition may be filed by
a job contractor, namely a person or entity that pays
its employees for services performed at the work
sites of other employers.
Following is the H1B visa stamping process for applying for H1B visa from India. This stamping process assumes that you already have H1B petition approved and ready for Visa interview and visa stamping. If you are looking for general information about H1B visa or h1 visa petition you should look the H1B visa section.
Please note that it is possible to get your H-1B
visa approved for more than 6 years in some cases
depending upon your employment based green card
processing status. Please refer to the appropriate
section here to find out
more about how you can extend your H-1B visa for more than
6 years, either 1 year at a
time or 3 years at a
time.
The advantage of an H1 visa is that you can work legally in the
U.S. in non-immigrant status, and get the visa quickly after the petition
is approved. You may travel in and out of the U.S. or remain in
the U.S. until the visa expires, and an H4 visa is available for
accompanying family member (spouse and minor children under 21).
H1B visa application (form DS160) must be completed online, over the internet. You can complete the application at Dept of State website. Read US Visa Application Form DS-160.
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.
If you plan to work for multiple employers (either full time or part time), each employer
must file separate H1B petition.
The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.
You can not file H1 for yourself.
H1 visa holders can buy a house or any other real estate property in the USA. H1 visa holders can also invest money
in stocks, mutual funds, bonds etc. H1 visa holders can not work as self-employed or freelancers and do contract
type of work in free time.
If the beneficiary of an H-1B visa is in the U.S. in valid status (e.g., F-1 visa), he or she may change status. If the beneficiary is not in the U.S., he or she must go to the U.S. Consulate to apply for an H-1B visa upon USCIS's approval of the employer's petition.
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