WORKING IN USA

The most popular route to work in USA is through H1B.

• What is H1B?
• Who are eligible?
• How to get H1B?
• How much does it cost?
• Different categories of H1B
• H1B Process
• Documents for H1B stamping
• Work and Study under H1B
• Change of Status
• Documents for H4 stamping
• Work and Study for H4 holders
• V visa
• B1, B2 visa
• Documents for B1/B2 visa
• FAQ

What is H1B? (top)

As an International student in USA, one can work upto 20 hours a week with F1 visa with out any special permission. However, as a professional, working full time requires a special permission popularly known as H1B visa. H1B is a work permit VISA under specialty occupation category given by the USA government to foreign specialty workers to work in the U.S. for a temporary period of three years which can be extended up to six years. Specialty occupation is specified as the JOB that requires minimum of a bachelor degree or higher degree and related experience to perform the duties of the job. H1B visas can be obtained for any Professionals in any field. Last year 54% of H-1Bs were issued to NON-IT related fields. But in general more number of VISAs are issued to Software professionals alone (~40 %).If you are qualified and having degree you can get H1B Sponsorship from schools, colleges, Universities, accounting firms, law firms etc. The number of H1B visas issued every year is restricted by a quota system. Presently it is 65,000 for the fiscal year 2007. With H1B visa either you work for your employer's or work for your employer’s clients projects at the clients' place. Most of the companies place you at their clients' place. Basically you will be working as a consultant or contract programmer at the client's place for your employer. You will be paid by your employer based on your billable hours (Billable hours are defined as number of work hours – Usually 40 hrs a week, some times you might get overtime also). The duration and place of the project will vary from project to project. If you like traveling, you have an opportunity to visit many places. Before joining the project, you will be interviewed by the client to verify your skills and experience. Based on your performance, the client might choose you for their requirement.

Who are eligible? (top)

Any person with a college degree with minimum 2 years of related work experience is eligible. You should have either Master degree or a 4 year bachelor degree or have 12 years of school education with min 3 year degree/diploma with at least 3 years of experience related to your job have more chances of getting H1B sponsorship.

How to get H1B? (top)

To get H-1B status, the employer files the Labor Condition Application (LCA) with the U.S. Department of Labor. Once the Department of Labor accepts LCA, the employer can file the H-1B petition with the INS (Immigration and Naturalization Services) with the supporting documents. This process will take approximately 6 to 10 weeks depending upon the processing time.

How much does it cost? (top)

The official government fees itself costs US$2500 and the including other fees, it comes around US$3000, which is equal to Rs.1.5 lakh.

Different categories of H1B (top)

1. H1B - Specialty occupation: Before filing for H1B application the H1B sponsor (employer) must obtain LCA (labor condition application) approval notice. H-1B approval is employer-specific. A change of employer requires a new H-1B petition. The employer is responsible for return transportation costs for employee terminated prior to the end of the approved period of employment.
2. H1B1 VISA: The H1B1 category applies to specialty occupation which requires the theoretical and practical application of highly specialized knowledge. This requires 4 year degree or equivalent. (E.g.: Engineering / software professionals)
3. H1B2 VISA: The H1B2 category applies to research and development project administered by the Department of Defense
4. H1B3 VISA: The H1B3 category applies to fashion mode

There are some other types of Visas like, Temporary workers (H and L Visas) who can work in the U.S. after a petition is submitted by the employer-to-be in the United States and is approved by the INS, H1C Visas for Registered Nurses, H2B for Non Agricultural Workers, H-3 for Trainees, L Visa for Intra- Company Transferees who are executives or managers of foreign-based companies or who are essential, specialized knowledge employees. (top)

H1B Process (top)

Apply to US Consultants or Employers: Send your resumes to as many companies as possible. If they are interested with your skills, they will be contacting you for Technical as well as communication evaluation. Mostly this will be done through telephonic conversation. You can choose the right employer and evaluate yourself for the appropriate offer and benefits for you and make sure that you are getting the Industry standard salary for your skill set and experience. Some companies will pay project bonus, Green card sponsorship, Spouse visa and ticket reimbursement, complete relocation expenses, Training, complete medical benefits for you and your family, Salary revision in every six months or year etc. Most of the companies are offering good salary revision after your six months of US experience. Verify your offer with your friends in US or browse the web for salary survey results. You have to consider your expenses before accepting your offer, in other words how much you can save. For your information, approximately 28% your salary will be detected as Tax from your pay check directly. Most of the companies will ask you to sign up an employment agreement to avoid the people changing the companies after they landed in US. Please read it carefully and know about the liability if you break the agreement. Please keep in mind that the employer can take a legal action against you for any violation of the agreement. You can negotiate with your employer before signing the agreement. After you are satisfied with your offer and willing to join the company, sign on the Offer letter & employment agreement sent by your employer and send all the required documents to employer as soon as possible. Once the employer receives your documents, they will file for your work permit i.e. H1-B and once approved, the H1B papers will be sent to you. (top)

After your employer files your documents for H1-B VISA at the Immigration and Naturalization Service (INS), the INS will assign a case number which is a 10 digit number starting with first 3 digits as character. For example: LIN-12-345-67891. You can use this case number to check the status of your case by calling the INS Center. They might verify your Degree and experience through the appropriate US consulate of your country. If all the papers are proper, then the INS will approve your H1-B VISA. Your employer will send the VISA approval notice along with all the documents and a letter to the appropriate US consulate to provide a VISA for you. Please note that the INS in United States just approves your case as you are eligible to get H1-B visa. You need to go to the US consulate in person to get the Actual VISA. You can know the H1-B Status and make enquires with your 13 digit case number, at the following centers. (top)

•  California Service Center (WAC) - Ph #: (949)831-8427, 24400 Avila Road Laguna Niguel, CA 92656
• Nebraska Service Center (LIN) - Ph #: (402)323-7830, 850 S Street Lincoln, NE 68501
• Texas Service Center (SRC) - Ph #: (214) 381-1423, 4141 Augustine Road Dallas, Texas 75227
• Vermont Service Center (EAC) - Ph #: (802) 527-4913, 75 Lower Welden Street St. Albans, VT 05479

If you have H1B approval, you need to stamp your passport for H1B VISA at the consulate mentioned in your H1B approval. If you are already in USA and got the H1B approval, then H1B stamping is NOT necessary till you travel abroad. Your H1B approval does NOT guarantee you the H1B VISA, the consulate officer is having the complete rights to issue or reject your VISA. So submit all the documents properly at the first time itself. (top)

Documents for H1B Stamping (top)

• H1B approval notice (Form I797)
• LCA (Labor Condition Application) (copy)
• Letter from your H1B sponsor (Employer) Your employer should request the consulate general to issue H1B VISA for you, with detailed company information, revenue, your job description and salary.
• Your degree and educational certificates (ALL) (Originals and copies of your school, high school, degree, diploma mark sheets and degree certificates)
• Experience letters from Current and previous employers. (If the experience letter from your current employer is NOT available, recent pay slips or employment offer letter will do)
• Passport
• Two photographs 1 ½ inches square (37x37 mm) for each applicant
• VISA application form (Form DS-156)
• Supplemental Nonimmigrant Visa Application (DS-157) only for male nonimmigrant visa applicants between the ages of 16 and 45.

 Your stamping can be done ONLY at the consulate mentioned in your H1B approval notice. If you are NOT able to stamp your passport at the specific consulate mentioned in your H1B approval, you can try with the nearest US consulate in your country. The consulate may accept your application if your permanent address is under their jurisdiction (e.g. If your H1B was approved when you are in UK, your stamping place will be UK. If you have returned to your home country, you may be able to stamp it in your home country without any change request), else you have to apply for change of consulate application with INS or you have to stamp it at the specific consulate. While applying for H1B you can request for specific consulate for stamping, if you are sure about your residence during the particular time, so that you can avoid the issues with the changes in consulate. (top)

 Work and Study under H1B visa (top)

H1B holders are eligible to study in US universities. They do NOT need to change their status, but to get assistantship or to take advantage of optional practical training, you have to change your status from H1B to F1 by filing change of status application with INS. It may take 6-9 months for approval. You can start attending school while your application is pending. But you can get assistantship only after approval. When you travel abroad next time, you have to get the F1 VISA stamping. The time you spent on your F1 will NOT be against your 6 year clock (E.g.: you can be in US for 8 years (3 years H1B+ 2 years F1 + 3 years H1B) (top)

 Change of Status (Multiple VISA/ Multiple H1B approval holders) (top)

If you already have another valid US VISA, the consulate may cancel your previous VISA and stamp the new one, or you may have both, its upto the consulate decision. If you have more than one H1B approval, stamp your passport for the employer you want to work for. Your VISA will be issued to you based on your qualification and the company's capability to employ you. So if you want to work for different employer, you need to stamp again. While entering into US, the port of entry officer may verify your employer details. (top)

Dependents of H1B Holders - Spouse and unmarried children of age under 21 are eligible for H4 dependent VISA. Parents, brothers / sister of H1B holders cannot apply for H4, but they can apply for B2 Visitor VISA. H4 visa will be issued for the same period of time as the H1B holder (The VISA expiry date will be same for both H1B and H4). There is NO process required from INS to get H4 VISA from the consulate in India. While applying for H1B stamping, dependents of H1B holders can also apply for H4 VISA. Both VISAs will be issued for the same period of time. If the H1B holder is already in US, dependents can apply based on H1B holder's VISA and H1B approval notice. (top)

Documents for H4 Stamping for the dependents of H1B visa Holders (top)

•  VISA application form (Form DS-156)
• Supplemental Nonimmigrant Visa Application (DS-157) applicable only in case of MALE nonimmigrant visa applicants between the ages of 16 and 45 Form DS-157
• Passport
• Two photographs 1 ½ inches square (37x37 mm) for each applicant
• VISA Copy of H1B holder (If H1B holder is already in USA)
• I-94 Copy of H1B holder (If H1B holder is already in USA)
• H1B approval notice - Copy
• Employment letter from H1B holder's current employer
• Recent pay slips from H1B holder's current employer
• Marriage certificate - Must (If spouse)
• Marriage album (If spouse)
• Birth certificate (If children)

Work and Study by H4 holders (top)

H4 holders cannot work in USA, but they are eligible to study either part time or full time in US universities. But to get assistantship or to take advantage of optional practical training, you have to change your status from H4 to F1 by filing change of status application with INS. It may take 6-9 months for approval. You can start attending school while your application is pending. But you can get assistantship only after F1 approval. When you travel abroad next time, you have to get the F1 VISA stamping. The time you spent on your F1 will NOT be counted against your 6 year clock (E.g.: you can be in US for 8 years (3 years H4 + 2 years F1 + 3 years H1B). If you want to work, you have to file H1B through your H1B sponsoring company. You can start working for the company only after your H1B approval. You can be in US for 6 years in H category (H4 +H1B) so changing your status from H1B to H4 or vice versa will not allow you to stay more than 6 years in USA. (top)

H4 holders need NOT apply for SSN and many states will NOT issue SSN for H4 holders. To avail the TAX benefits for H4 holders while filing TAXES, they have to obtain Tax identification number. To apply for an ITIN, you need to contact the IRS and ask for Form W-7 (Application for IRS Individual Taxpayer Identification Number). You can contact IRS by: Calling the IRS toll-free number, 1-800-829-1040 in US or Accessing the IRS web site at: http://www.irs.gov or Calling or visiting any local IRS office or Writing them at IRS, ITIN Unit, P.O. Box 447, Bensalem, PA 19020, USA. Documents needed are your passport, address proof and marriage certificate/birth certificate. H4 holders are eligible to obtain driving license in USA. (top)

V VISA (top)

The V1 and V2 nonimmigrant visas allow certain spouses of lawful permanent residents and the children of those spouses to travel to and from the US and to reside in the US while they wait for the final completion of their immigration process. It does not matter whether that process will be completed by adjusting status in the US or in securing an immigrant visa overseas. The spouse and unmarried children of lawful permanent residents who qualify for the V1 and V2 visas will be able to visit and reside with their lawful permanent resident family member. The V visas for adults will be valid for multiple requests for entry for ten years; for children under the age of 11, these visas will also be issued for multiple entries and with a 10 years validity; for children 11 years old or older, the visa will be valid for multiple requests to enter and will remain valid until the holder’s 21st birth day. Moreover, holders of V1 and V2 visas may apply for employment authorization documents to work in the US. Applicants for V visas must be made at the post where their immigrant visa was to be processed. Generally this is the overseas post named in the I-130 petition upon which the claim to V status is made. (top)

B1, B2 Visa

If you wish to come to USA for the purpose of visiting your relatives/friends or medical treatment or attending seminar or business purpose or company sponsored training etc, you can apply for B1 or B2 Visitor VISA. Business related visitors should apply for B1. Others can apply for B2. The purpose of the VISIT should be short term and the applicant should have permanent residence in the home country. To obtain B1/B2 VISA, the visitor should show strong evidence to prove that their intention is just to visit USA and their stay in US will only be temporary. Also, they should submit the documents to prove that they have strong base in their home country and will return from US within the permitted time. Change of status from B1/B2 to other status is not permitted. (top)

Documents for B2, Visitor of the H1B Visa holder

Documents from the H1B holder as a Sponsor in USA (top)

•  Authorization Letter from the Sponsor, i.e. H1B holder
• Passport, VISA copies (H1B holder and Spouse's)
• H1B approval copy or Green Card copy
• Letter from the employer of H1B holder (Just salary and your Job title)
• Affidavit of support (Form - I-134) - Should be notarized. (Notary public will be available in the nearest bank). If you are a permanent resident, give your Alien # or just fill it up as H1B.)
• Recent Bank Statement ($5000 balance in saving account may be considerable amount)
• Recent Pay slips (Supporting document)
• Previous Year Tax return copies (If available - Supporting document)

 Documents from visitor VISA request letter (top)

•  VISA application form (Form DS-156)
• Supplemental Nonimmigrant Visa Application (DS-157) for male nonimmigrant visa applicants between the ages of 16 and 45
• Passport
• Two photographs 1 ½ inches square (37x37 mm) for each applicant
• If you are working, copy of your employment letter / leave approval letter (This is really a strong supporting document)
• Recent Bank Statement (Supporting document)
• Property documents or Property estimation letter from your auditor (Supporting document)
• VISA fees (Please contact the respective consulate for current fees details

Medical Insurance It is advisable to have medical insurance while visiting US. Medical and hospital expenses are too expensive in US. If there is any emergency situation, you will be able to get the treatment without having the insurance, but you will be responsible to pay the full amount. One day of hospitalization may cost around $5000 to $10,000 depending upon the treatment. (top)

Documents for B1 Business Visitor Visa (top)

•  Letter from your sponsor. US company or organization explaining the purpose of your visit, duration etc.
• Supporting documents from you to explain the purpose of the visit. If your visit is for the company purpose, you need the letter from your company.
• Supporting documents from you. To prove that you have strong tie up with your home country (Bank statements, Family details, employment details)
• VISA request letter
• VISA application form (Form DS-156)
• Supplemental Nonimmigrant Visa Application (DS-157) for male nonimmigrant visa applicants between the ages of 16 and 45
• Passport
• Two photographs 1 ½ inches square (37x37 mm) for each applicant
• VISA fees

Visitors from India (top)

Consulates in India (Chennai, Kolkata, Delhi are accepting all NON Immigrant VISA application through TTSVisas.com). Please visit Indian Consulate website for more information. The visitor need to explain and prove to the INS Immigration Inspector at the port of entry, about the nature and purpose of their visit, in order for the Inspector to determine a period of time that is fair and reasonable for the completion of the purpose of the visit. When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission. The problem is, some of the visitors (Parents/Elders) either do NOT speak English or do NOT understand American accent properly. It is better to explain the length of the stay in writing. Another important factor is Air Ticket. The visitors will NOT be able to confirm their return date because the period of their stay will only be known after the entry into US. It is difficult to get the confirmed air ticket, if the length of the stay is very short during the peak season. Your confirmed return air tickets may convince the port of entry officer. Also, the explanation for the stay should be reasonable. For example, if the visitor has two sons in different places of the United States, they can ask for longer stay. Reasons like taking care of their grand kids or to help their son/daughter might not be considered as a valid reason for a lengthy stay. According to the latest INS news release, INS withdrawing the proposed 30 days visitor visa admission rule. Still getting the maximum period of stay will be based on the Immigration officer's decision at the port of entry. Most of the visitors will get 6 months admission under B2 visitor visa. (top)

Extend or Change of Status (top)

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, an U.S. immigration inspector should have examined your passport and visa and then given you an INS Form I-94 (Arrival/Departure Record). This record should tell you (in the lower right-hand corner) when you must leave the United States. You can prove you did not violate U.S. laws by turning in your INS Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the Immigration and Naturalization Service (INS) before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation). (top)

You can file Form I-539 for change of status or extension of your stay. You must submit an application before your current authorized stay expires. INS suggests you to file at least 45 days before your stay expires, or as soon as you determine your need to change status. I-539 filing fee is $140. Please visit INS Forms and Fees page for current filing fee. You may include your spouse or unmarried children under age 21 as co-applicants in the same application for the same extension/change of status. You will be considered in a legal status, if your application is pending with INS. (top)

Extension (or) Change of status from B1/B2 (top)

If you want to extend your VISA or change your status from B1/B2, then you should file FORM I-539 with your original I-94. In addition, you must submit written statement explaining in detail about the reason for your extension/change of status and why your extended stay would be temporary etc. You may include your spouse or unmarried children under age 21 as co-applicants in your application for the same extension/change of status. (top)

Change of status to F1 (top)

To request a change to F-1 status, you should file FORM I-539. You must submit your original form I-94 and your original Form I-20 (Certificate of eligibility for NON Immigrant student) issued by the school where you will study. Also you must submit documentation that demonstrates your ability to pay for your studies and support yourself while you are in US. Note (DO NOT use FORM I-539 for F1 extension) Please contact your designated school official at your institution. For H1B to F1, It is advisable to attach a letter from your employer stating your last day of employment, because this will prove that you are in a valid status while applying for status change from H1B to F1. You can start attending school while your application is pending. But you can get assistantship only after approval. When you travel abroad next time, you have to get the F1 VISA stamping. The time you spent on your F1 can be deducted from your 6 year clock (e.g. you can be in us for 8 years (3 years H1B+ 2 years F1 + 3 years H1B). (top)

Change of status to H1B (from any status F1/H4/B1/B2) (top)

If you are eligible to apply for H1B, you need an H1B sponsor (employer) to file a Petition for Nonimmigrant Worker (INS Form I-129) with required supporting documents like copy of your educational certificates, passport, experience etc. You can start working for your employer ONLY after your H1B approval. If your application is denied, you will receive a letter that will tell you why the application was denied. (top)

As an International students with F1 visa in USA, after completion of studies, can work either under Optional Practical Training (OPT) which is allowed for one year after getting a degree from the US universities or directly go to H1B visa. US government reserved 20,000 visas exclusively for the graduates from US universities. This 20,000 is in addition to usual 65,000 given to all professionals every year. The employer has to prove that you have special skills such as IT, biomedical etc, which are not generally available in the US. Then the employer files I-129 with H supplement for you at the nearest USICS service center in the US and has to get approval from US department of Labour called Labour Attestation to ensure that you will be paid at the prevailing rates. Once done, you will be issued notice of Approval form I-797 with which you have to approach USICS to get your H1B authorised. If you visit India subsequently, you need to visit nearest US consulate and get H1B visa stamping. You can work for 6 years under this visa. If the employer is happy with your work, you can request him to file for Form I-145 to seek legal Permanent Resident Status (Green card), the process of which takes years to get. There are 5 different employment categories of Visas for Permanent Residency and you have to decide under which category you come based on your education, background, experience etc. (top)

Similarly F1 visa can be also converted directly into Green card without H1B through employment if the conditions of the concerned employment category are fulfilled and if you fit into it. (top)

H1B Extension (top)

You have to apply for H1B extension at the INS office, if your approved H1B is about to expire. If you have approved H1B and VISA on your passport is about to expire then you have to apply for revalidation (This is just revalidating your VISA, so that if you travel outside US, you can come to US using your valid VISA). You must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States. Your employer should carefully read and file an INS Form I-129 (Petition for Nonimmigrant Worker) with supporting documentation to extend your H1B status. While applying your H1B extension, please don't forget to apply H4 extension(s) for your dependents. Your dependents will NOT get automatic extension based on your H1B extension, so you have to apply separately for them. (top)

H4 Extension / Change of status to H4 (top)

If you are filing for H4 extension or change your status to H4 as the dependent of an H1B employee, you should file FORM I-539. You must submit a copy of H1B holder's FORM I-94, H1B approval notice and evidence of your relationship (Example: Marriage certificate if spouse, Birth certificate if children). If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, you will receive a letter that will tell you why the application was denied. Your original I-94 will be returned and INS may request for your immediate departure (depends upon cases). You can be in USA without stamping till your I-94 expiry date. You cannot stamp your VISA in USA if you change your status. Stamping is NOT necessary even if your VISA on your passport is expired. (You are in legal status as long as your I-94 is valid - VISA is just a travel document to enter into US). (top)

Documents for transfer of H1B from one employer to another (top)

•  Passport copies
• All the mark sheets (School & College) - Copy
• Degree certificate - Copy
• Experience Certificates - Copy
• Current employer pays slip - Copy
• Training certificates (If any) - Copy
• Copy of previous H1B Approval Notice
• Copy of I-94
• Your dependents VISA Copy

 Frequently Asked Questions on H1B (top)

What are the necessary qualifications for H1B visa?

There are two requirements for H-1B visa. The occupation must require at least a bachelor degree. The foreign professional should have the US equivalent bachelor degree (4 years) in a field related to that occupation. The exception is, when you get an equivalency evaluation that says your work experience in the field is equal to a 4 year bachelor degree. Three years of work experience in the field is equal to one year of college education. An evaluation from a professional service that evaluates work experience and/or foreign degrees would be able to determine whether your work experience and college degree would be enough for obtaining H1B. (top)

I am a Diploma holder. Am I eligible for getting H1B? (top)

Yes, subject to your experience, if you have more than 4 years of related experience, you are eligible and you will be able to get H1B. The exact eligibility for diploma holders is 10 + 2 + 3 years diploma + 3 years Experience. If you do not have 12 years of school education, then you need 10 years of total experience. To be eligible for H1B, you should have 16 years of education. If you have lesser education, you can compensate your work experience for your education. 3 years of work experience will be counted as 1 year of education. (top)

Am I eligible for getting H1B? (top)

You will be able to get H1B if you have 16 years of education. If you have lesser education, you can compensate your work experience for your education. 3 years of work experience will be counted as 1 year of education. (Example - The following candidates are eligible for getting H1B.) (top)

•  12 years of school education + 4 year degree
• 12 years of school education + 3 years bachelor degree + 2 year master degree
• 12 years of education + 3 year degree/diploma + 1 year degree/diploma (University recognized)
• 12 years of education + 3 year degree/diploma + 3 years experience
• 10 years of education + 3 year diploma + 3 year degree (University recognized / Correspondence)
• 10 years of education + 3 year diploma + 9 years experience

Can I get H1B without any experience? (top)

H1B can be processed for fresh graduates without any experience. But if you are graduating from US, then it will be very easy to find a H1B sponsor. If you are from outside USA, the companies are expecting at least 2 years of experience. (top)

I heard H1B can be obtained for only Software professional, is that true? I am not software professional. Is it possible to get H1B for me?

H1B can be processed for any fields. The only restriction is that you should have a 4 year bachelor degree with the experience related to your job. In general, more opportunities are for software professionals. (top)

Is employment agreement valid in USA? (top)

It depends upon the type of the agreement. If the employer is asking you to work for certain period, then it is NOT valid. If the employer is asking you to sign the No compete agreement, then it is valid. If you violate the agreement, the employer can take a legal action against you. (top)

Can I file more than one H1B at a time? (top)

Legally speaking YES, you can file more than one H1B at a time. But it is advisable to avoid multiple H1Bs due to the following practical issues: If INS or US Consulate issued a query against your case for one employer, it may affect your other H1B, processed by other employers. Employers are spending their valuable time and money for your H1B processing. Each H1B approval will be counted against the quota; you will be wasting the limited H1B availability. (top)

Can I work for more than one employer at a time? (top)

Yes, you can work for more than one employer at the same time, subject to having valid H1B approvals from both the employers. (top)

Can I work as a part time employee in addition to my fulltime Job?

Yes, you can work as a part time employee, but you need an additional H1B VISA from the part time employer too. (top)

I'm holding a valid H1B visa. Can I start a company in USA?

Yes, you can start your own company in USA when you are in H1B visa. (top)

I'm holding a valid H1B visa. I have got my VISA stamping last year. Is my visa still valid to enter in USA?

Yes. You can enter into USA till your VISA valid date. But you need to make sure that your employer hadn't revoked your H1B so far. (top)

I received my H-1B approval (I-797) for a change of status from H-4 to H-1B. How do I get my social security number? Do I need to get the H-1B Visa stamped for obtaining a Social security number? (top)

What you should do is, take your approval notice and your passport to the Social Security office. This is, generally, all they need to issue the social security number for you. Stamping is not necessary for obtaining SSN. (top)

My husband holds an H-1B visa and is working in U.S. I had bachelor degree abroad. Now I am an H-4 visa holder, but it is quite boring staying at home. Can I apply for the job or reenter the University for Further Studies? (top)

On an H-4 visa, you are not permitted to work. To do so, you would need to apply for a change of status to H1B that permits work. If you want to enter a university, you can certainly do that on an H-4. (top)

My fiancée and I are engaged but not married yet. Can I apply for an H-4 visa for her when I go for my H-1B?

If you are not yet married, then you can't get H4 for fiancée. The H4 is only applicable to spouses (of any age) and children under 21 and you will need to show your marriage certificate and proof of marriage to obtain the H4. (top)

My wife was here in U.S. on H-4 status. She later applied for a job and got her status changed to H-1B. Now, her employer has laid her off. How long does she retain her H-1B status and when does she revert back to her H-4 status? (top)

She only retains her H-1B status while she is working for that employer, so she should immediately file an I-539 to change back to an H-4. She will not automatically revert to H-4 status. When she files her petition to change to H-4, she will be in status while it is pending. If her H-4 stamp is still valid in her passport, the easiest thing to do is to have her travel abroad. When she reenters with an H-4, she'll be in the correct status. (top)

I was on H4 visa staying in the USA and I have recently received my H1 B visa. Do I have to get it stamped somewhere?

If your approval for the H-1B granted a change of status, you can begin work immediately. You will need to get the stamp in your passport before reentering the U.S. the next time you travel abroad. You can get it stamped either in your home country, Mexico, or Canada. (top)

I am on H4, I have filed H1B. Can I start working as per the new law?

The law is applicable for H1B - H1B transfer and NOT for H4 to New H1B. You can start working only after your approval of H1B. (top)

I am in U.S. on a dependent visa and would like to do higher studies in US. Is it possible to do this on the same visa status or do I need to change it into a F1 visa?

Dependents of all nonimmigrant employees are permitted to attend school without converting to F-1 status. But if you are in F1 status, after your completion of degree, you will be able to work in practical training for 1 year. But if you are studying in H4 visa, you need H1 to start your work. (top)

I got my H1B approval; I am going for h1 stamping. I didn't get any papers from my employer for H4. How do I get the stamping for my spouse and kids? (top)

There is no processing required for H4. While going for your H1B stamping, you can get H4 stamping for your spouse and children at the same time. (top)

When I was in INDIA, I applied for H1-B. While my papers were being processed, I came to USA on H4. After landing in USA and being here for sometime on H4, I received my H1-B papers. Can I use this H1 to start my work? (top)

You can't start your work. The only solution is, you have to leave the country and get it stamped at the consulate mentioned in your H1B approval notice. Reenter US with valid H1B visa and I-94 with H1 status. Since you have applied when you are not in USA, this is not a change of status from H4 to H1. If you had applied for H1B when you are in USA, you will get new I-94 with H1 status and there is no need for stamping. (top)

I got my H1B VISA. Can I take my parents with me on H4 visa?

You can bring your parents here on visitor visa. You can't get H4 dependent visa for your parents. You can get only for your spouse and children. (top)

I am currently working on H-1B visa. I have got my H-1B visa transfer done to another company. Is there any time restriction for me to join the new company on the new H-1B visa?

As per the current law, there is no start deadline. Therefore, your H-1B should not be invalidated just because you do not start immediately, unless the sponsoring company decides to revoke it. Remember, you must continue to work for one of the H-1B employers or you will be out of status. (top)

I am an H-1B worker. I resigned from my employer, but got an offer from another employer. The transfer has been filed by the new employer, but not yet approved by INS. Can I continue to live in the U.S. if I have proof that the employer has filed for the transfer? (top)

I am working for a company in the USA on an H-1B visa. Now I want to change my employer. My new employer has filed an H-1B transfer. When can I start working for him? I heard that I can start as soon as I get receipt no. Is it true or I should wait for my case approval? (top)

As per the new law, you can work for the employer as soon as you filed your H1B transfer. Still INS didn't post their regulation for the new H1B transfer law. This is applicable only if you have valid employment in US and your status should be legal in US. (top)

I am transferring my H1B to another company. Is there any chance my current employer can know about it?

No. Your current employer will not be able to know about your transfer unless you tell him. You need to submit your current pay slip and employer details to INS to show that you are in US with valid employment. (top)

I have applied for H1B transfer, it is not yet approved (or it is approved). Can I apply for another company for H1B transfer?

Yes. You can apply for another company. (top)

Can I apply for more than one H1B transfer at a time?

Yes. You can apply. (top)

My H1B transfer got approved, can I continue with my current employer?

Yes. You can. (top)

I have got my new H1B approval, also I got the stamping. I am not in US. Can I enter into US with this VISA and join another company?

NO. It is illegal. If you get caught by the INS officer at the port of entry, they will send you back to your home country from the airport itself. (top)

I got the H1B from a company, but the company is not willing to call me to US. Can I transfer this H1B to another company?

NO. To transfer your H1B, you should have a valid employment in US. You need new H1B approval for your employer whom you want to work. (top)

How much time will it take to transfer H1B?

It depends upon the center you are filing. Approximately 6 to 8 weeks for H1B transfers. (top)

My H1B Transfer is in process. Can I travel abroad before the approval? What will happen if my case is approved during my travel? (top)

It is advisable to avoid your travel during the H1B (Any Visa) is in process. If it is absolutely necessary, you can travel. Keep in mind that your H1 transfer has been filed based on your current US employment. You will be getting new I-94 with your H1B transfer approval notice, which will be in conflict with your I-94 while entering into US after your abroad travel. So, to be on safer side, get the stamping for the new employer. (top)

My B1 Visa got rejected. Will it be a problem for getting my H1 stamping?

If your B1 was NOT rejected based on fraud documents then it will not be a problem of getting H1B stamping (top)

My H1B stamping was rejected. Can I apply another H1B through different company and get stamping?

If the consulate refuses to give H1B visa due to false documents or fraud certificates, you cannot get H1B VISA again. (top)

The counselor told me that my H1B papers have to be verified with INS and now it was more than 6 months. I didn't get any reply from them. How to get the VISA now?

Even though INS approved your H1B VISA, the consulate in your country is having the rights to give or reject your VISA. It is upto the consulate decision. You can call them and find out the reason or through your company lawyer, you can contact them. (top)

My H1B stamping was referred to Antifraud unit. They said all my certificates will be verified from my university. After that, they will inform me, but now it is more than 6 months. I didn't get any reply from them. What can I do now? (top)

If the consulate didn't get any response or positive response from the respective university, they will not be calling you. Still you can ask them and find out the results if your case is genuine. (top)

I am in US with B1 Visa. Now I got H1B VISA. Can I get stamping without going outside USA?

NO. Your visa can be revalidated only if you have the same type of visa in your passport before. You have to travel abroad and get the stamping. (top)

My H1B got transferred to another company. I am traveling abroad. Do I need to stamp my passport for the new employer? Or can I enter again with existing valid VISA?

It is advisable to get stamping for the new employer. But you can enter US with your existing visa also, keep the copies of your new H1B approval letter, employment letter and recent pay slips, in case, if there is a query. It will be easy to revalidate your visa at your home country using drop box services. Usually it can be done on the same day. (top)

My home country is X. At present I am in another country. I applied for H1B visa when I was in country X. Can I stamp my VISA at the present country? (top)

You have to stamp your visa in the consulate mentioned in your H1B approval notice. If you want to change the consulate, you have to get a letter from the INS. Note: Most of the consulates will not prefer to stamp other country citizen if your stay in that country is temporary. (top)

I got my H1B papers from my employer. Is there any time restriction to get it stamped?

If you are going for stamping within 6 months of approval date, then there won't be a problem. If not, the consulate will be checking for your H1B status with the INS whether your H1B approval has been revoked by your employer or not. (top)

I got my H1B visa stamped. Is there any time limit to travel to US?

No restrictions. You can travel any time during your Visa validity. This is applicable for all the visas. But please make sure that your employer hadn't revoked your H1B. (top)

What are the chances of getting H1B stamping rejection?

There won't be problem of getting H1B stamping, if you have all your documents properly. Keep all your original mark sheets, certificates and experience certificates. (top)

I have completed my master degree just 3 months back. I have only my provisional certificate. Will it be a problem in getting stamping?

If your provisional certificate was issued within one year before stamping, then there won't be a problem. (top)

Already I have H1B stamping in my passport. Now I got another H1B. Can I obtain stamping again?

Yes, you can have multiple stamping in your passport for different employers.

I have L1 stamping in my passport. Now I got my H1B papers. Can I get H1B VISA and enter into US as a H1B holder?

Yes, you can have multiple stamping in your passport. While entering into US, please notify the INS officer at the port of entry that you are entering using your H1B visa. (This is applicable for all kind of VISAs) (top)

What is H1B case number? When will I get that? (top)

H1B case number will be issued by INS (Immigration and Naturalization Services). When you are selected by employer, they will be filing H1B visa for you. Once they filed the H1B petition, the INS will give the receipt number (case number). You will be able to check the status of H1B approval from INS with this case number. (top)

How many days will it take to obtain case number after filing H1B VISA Application?

Within 2 weeks from the filed date. (top)

Can we verify my case number and my name?

We can check your case status with INS automated system which will be giving only the case status information and NOT other details like your name or employer etc. (top)

I don't know my case number. Can you find my case number using my name and my company details?

We can check your H1B case status from the INS automated system. To check your case status, you need your case number. You can get your case number from your employer. INS will issue a case number for each application within 2 weeks from the filed date. We cannot find your case number or case status using your name or with any other details. (top)

Written decision has been mailed...What does it mean?

Your H1B processing has been completed and the decision made on your case was mailed to your sponsor (Employer) either it was approved or rejected. (top)

INS needs additional info. Mail regarding this has been sent to your employer ...What does it mean?

To process your case, INS needs further documents or evidence from your employer. At this stage, your preliminary processing was completed. After the INS received the information from your employer. INS will take 15 - 45 days to complete your H1B process. (top)

Your H1B status cannot be found at this time...What does it mean?

Either your case number is wrong or the INS system has not been updated for your case number. (top)

This approved or reaffirmed case was shipped to Dept. of state for visa processing...What does it mean? (top)

INS has completed your VISA processing (it is either approved or Dept of State is still processing). This may not be applicable for all the cases. Please contact your employer for further details. (top)

My H1B has been approved. How many days will it take to receive my papers?

After the approval of your case, INS will send the approval copy within two weeks to your employer (top)

My H1B case was in process for more than 6 months. Why is that taking more time?

Sometimes INS will verify all your documents in co-ordination with the respective consulates, to find out the fraud ness. In that case, it may take more than 6 months. Also INS may wait for the additional information from your employer. (top)

I was trying to check my status by calling the INS number directly, but I am not able to get into the system?

Sometimes INS automated phone system will not be functioning due to technical difficulties. Keep trying for that. (top)

What is Social Security Number? (top)

The Social Security Act of 1935 established a national social insurance plan to provide economic security to the nation's workers. If you are authorized to work in USA, you need a SSN. This is a 9 digit unique number. Social security TAXES will be deducted from your pay check directly. (top)

How to apply for SSN? (top)

SSN is very important one in US. Your employer will help you to obtain the SSN. Without SSN, you can't work in US. You need to go to the Social Security office in your city in person, they will check your VISA & Passport and will send the Social security card by mail. Keep this card in safe like your passport. (top)

How does a non-citizen obtain a Social Security number to get a drivers license?

Effective March 1, 2002, the Social Security Administration will no longer assign Social Security Numbers when the sole reason for needing an SSN is to comply with a State statute that requires an SSN for issuance of a driver's license. SSA will continue to issue SSNs to aliens who are not otherwise eligible for SSNs for the following nonworking purposes: A Federal statute or regulation requires that the alien provide his/her SSN to get the particular benefit or service; or A State or local law requires the alien to provide his/her SSN to get general assistance benefits to which the alien has established entitlement. (top)

If You Need SSN for Tax Purposes, What Should You Do? (top)

Beginning July 1, 1996, the Internal Revenue Service (IRS) began assigning Individual Taxpayer Identification Numbers (ITINs) to non citizens who need to report income for tax purposes but who are not eligible for Social Security numbers. To apply for an ITIN, you need to contact the IRS and ask for Form W-7 (Application for IRS Individual Taxpayer Identification Number). You can contact IRS by: Calling the IRS toll-free number, 1-800-829-1040; or Accessing the IRS web site at: http://www.irs.gov; or Calling or visiting any local IRS office; or Writing them at: IRS, ITIN Unit, P.O. Box 447, Bensalem, PA 19020 (top)

I have worked and paid Social Security taxes while living in the U.S. Since I am not eligible to receive Social Security benefits, can I have a refund of the taxes I paid?

The law does not permit a refund of Social Security taxes. However, you may be eligible to receive U.S. Social Security benefits as a result of a bilateral agreement between the U.S. and your resident country. These agreements help many people who, without the agreement, would not be eligible for monthly retirement, disability or survivors benefits under the Social Security systems of one or both countries. These agreements also help people who would otherwise have to pay taxes to both countries on the same earnings. You may access information about the agreements between the United States and other countries from their official websites. (top)

How do I change my name on my Social Security card? (top)

To change the name shown on your card, you need to complete Form SS-5 which is available for download at http://www.ssa.gov/online/ss-5.html and submit evidence of your identity. Or you can obtain Form SS-5 by calling 1-800-772-1213 or visiting your local Social Security office. These services are free. (top)

Related Links

www.theusvisas.com

www.h1b.com

www.inc.com

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