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Dec 29

H1B Frequently Asked Questions and Answers

What is Cap H-1B1 Chile/Singapore?

Cap H1B1 Chile/Singapore is a type of petition filed with USCIS and the maximum number of petitions received by USCIS is 6,800 per year. H1B1 Singapore quota is 5,400 per year and H1B1 Chile’s quota is 1,400 per year.


What is Cap H1B Master’s Degree or Higher?

Cap H1B Master’s Degree is a type of petition filed with USCIS and the maximum number of petitions received by USCIS is 20,000 per year.


What is Cap H1B Bachelor’s Degree?

Cap H1B Bachelor’s Degree is a type of petition filed with USCIS and the maximum number of petitions received by USCIS is 65,000 per year. This includes Cap H-1B1 Chile/Singapore, petitions not selected in H1B Master’s Degree of Higher if there is a lottery process.


What is the difference between H-1B Bachelor’s Cap and H-1B Master’s Cap?

Please see above mentioned questions and answers.


What is H-1B Exempt?

H-1B Exempted Employers can use this and there is no quota. H1B Extension/Amendments can be filed by using H-1B Exempt.

Please visit H-1B Cap Exempt Employers for more details.


What is H-1B regular processing?

In H-1B regular processing, USCIS takes 1 month to 4 months to approve or deny a petition or send RFE to the petitioner.


What is H-1B premium processing?

In  H-1B premium processing,  USCIS  takes 15 days to approve or deny a petition or send RFE to the petitioner.


What are the steps involved in H-1B processing?

Please visit H1B Cap Process for more details.


How long it takes for USCIS to approve or deny my petition?

Please see above mentioned questions and answers.


What is the difference between H-1B Regular Processing and H-1B Premium Processing?

Please see above mentioned questions and answers.


How long is this H-1B visa valid?

H-1B visa is valid for 6 years. To start with, USCIS approves for 3 years and it may be further extended for another three years.


How H1B visa can be extended?

If candidate has stayed outside US within those 6 years of H1B validity period, those days can be calculated and extension can be applied.

If for PERM has been applied (a process in obtaining GC) before 1 year of completion of 6 years, and then H1B visa can be extended on year to year basis before the approval of PERM.

If I-140 has been approved, then H-1B visa can be extended for another 3 years. Please visit H-1B Cap Exempt Employers for more details.


Should I pay money to US petitioners for H-1B visa?

No. You are not required to pay. Only for premium process, you can pay, if you are interested to expedite the immigration process.


Can I apply for GC (Green Card), if I am employed in H-1B visa?

Yes. You can apply for GC with your current employer or a different employer since H-1B is a dual intent visa.


Can I transfer my H-1B visa to another employer?

Yes.


Can I change status from H-1B to H-4, H-1B to L-1 etc.?

Yes.


How I will be paid in US, if I am employed through H-1B visa?

You will be paid monthly, bimonthly and biweekly or weekly.


Can petitioner file for my dependents (spouse, kids) through H-1B cap?

Petitioner can file for dependents also parallel with H-1B CAP petition. They generally don’t file dependent’s application along with your H-1B CAP petition. Petitioners wait for your H-1B petition approval. Later they file for your dependents.


What is Visa Stamping?

It’s a US stamp on the passport and authorization to enter into US.


What is LCA (Labor Condition Application)?

LCA is also known as ETA 9035 form. ETA 9035 is filed online by petitioner or attorneys with Department of Labor (DOL). Please visit How to prepare LCA – ETA 9035 for H-1B for more details.


 

 

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