Boston Immigration Lawyer and Criminal Attorney with Experience, Boston Massachusetts

Serving the community for more than 20 years.

617-303-2600
In-Person Appointment Covid-19 Safety Protocol
  • Español
  • FAQs
  • Newsletter
  • Media
  • Contact Us
Boston Immigration Lawyers
Boston Criminal Lawyers
Boston Personal Injury Lawyers
Logo
617-303-2600 Appointment Request
Logo
617-303-2600 Appointment Request
  • Home
  • Immigration
    • U.S. Residency – Green Card
      • Family Residency / Green Card
      • Marriage Residency / Green Card for Spouse
      • Same Sex Marriage Residency / Green Card for Same Sex Spouse
      • Employment Residency / Green Card
      • TPS to Green Card
    • Cancellation of Removal/Deportation (10 Year Law)
    • DACA (Deferred Action Program for Young Immigrants)
    • Immigration Pardons – I-601 and I-601A Waivers
    • Expansion of I-601A Waiver, as of 8-29-2016
    • Asylum Immigration
    • TPS (Temporary Protected Status)
    • Lawsuits Against the USCIS
    • U.S. Visas- Non-Immigrant Visas
      • H-1B Visa Specialty Occupation Work Visa
      • E-1 Visa & E-2 Visa for Investors and Traders
      • L-1 Visa for Intra-Company Transfers
      • K-1 Visa for Alien Fiancé (e)
      • The U Visa – for Victims of Crime & Domestic Violence
      • O Visas for Foreigners of Outstanding Abilities
    • U.S. Citizenship – Naturalization
    • Other Immigration Services
    • Immigration Client Success Stories
    • Immigration Client Testimonials
    • U.S. Immigration FAQs
    • Immigration Legal Fees
    • Immigration Application Schedule
    • Immigration Infographics
    • Immigration Videos
    • Trump’s Proclamation Suspending Entry of Certain Immigrants
    • Immigration Newsletters and USCIS Updates
    • Visa Extensions and Extensions of Stay
    • Unemployment Benefits for Immigrants
    • Schedule Initial Consultation
  • Criminal
    • Experience with Criminal Charges
    • Set Bail and Arraignment
    • What To Do/Say When Arrested
    • Individual Rights
    • Criminal Convictions and Immigration
    • Criminal Defense FAQs
    • Client Success Stories
    • Criminal Defense Legal Fees
    • Criminal Defense / Immigration Infographic
    • Criminal Defense Newsletters
    • Schedule Initial Consultation
  • Personal Injury
    • Motor Vehicle Accidents
    • Other Injuries
    • Personal Injury Claim Process
    • Client Success Stories
    • Why Choose Us
    • Personal Injury FAQs
    • Personal Injury Legal Fees
    • Personal Injury Infographic
    • Personal Injury Newsletters
    • Schedule Initial Consultation
  • Client Reviews
    • What Our Clients Say
    • Client Ratings
    • Video Client Testimonials
    • Customer Satisfaction Survey
    • Facebook Testimonials
    • Client Succes Stories
    • Write/Read Client Reviews
  • About Us
    • Our Firm
    • Our Team
    • Firm Overview & Mission
    • Our 5 Principles
    • Working Philosophy
    • Practice Areas
    • Video Client Testimonials
    • Why Hire Us
    • Our Fee Structure
    • Preparing to Meet With Us
    • Intake Form for Consultation
    • Communication Policy
    • Records Management and Retention Policy
    • Published Court Decisions
    • Client Success Stories
    • Check Our Events
    • Customer Satisfaction Survey
    • Careers
    • Send Us Your Feedback
    • Directions to Our Office
    • Blog
  • Newsletters
    • Immigration News
    • Criminal Defense News
    • Personal Injury News
  • Frequently Asked Questions
  • Contact Us
Schedule Initial Consultation
Cambiar a Español
In-Person Appointment Covid-19 Safety Protocol
Immigration
Criminal
Personal Injury
  • Español
  • FAQs
  • Newsletter
  • Media
  • Contact Us
  • Immigration
    • U.S. Residency – Green Card
      • Family Residency / Green Card
      • Marriage Residency / Green Card for Spouse
      • Same Sex Marriage Residency / Green Card for Same Sex Spouse
      • Employment Residency / Green Card
      • TPS to Green Card
      • Cancellation of Removal/Deportation (10 Year Law)
      • DACA (Deferred Action Program for Young Immigrants)
      • Immigration Pardons – I-601 and I-601A Waivers
      • Expansion of I-601A Waiver, as of 8-29-2016
      • Asylum Immigration
    • U.S. Visas- Non-Immigrant Visas
      • H-1B Visa Specialty Occupation Work Visa
      • E-1 and E-2 Visas for Traders & Investors
      • L-1 Visa for Intra-Company Transfers
      • K-1 Visa for Alien Fiancé (e)
      • The U Visa – for Victims of Crime & Domestic Violence
      • O Visas for Foreigners of Outstanding Abilities
      • TPS (Temporary Protected Status)
      • Lawsuits Against the U.S. Immigration Service (USCIS)
    • U.S. Citizenship – Naturalization
      • Other Immigration Services
      • U.S. Immigration FAQs
      • Client Success Stories
      • Immigration Legal Fees
      • Immigration Client Testimonials
      • Immigration Infographics
      • Immigration Videos
      • Immigration Application Schedule
      • Immigration Newsletters and USCIS Updates
      • Visa Extensions and Extensions of Stay
      • Unemployment Benefits for Immigrants
      • Trump’s Proclamation Suspending Entry of Certain Immigrants
      • Schedule Initial Consultation
  • Criminal
    • Experience with Criminal Charges
    • Set Bail and Arraignment
    • What To Do/Say When Arrested
    • Individual Rights
    • Criminal Convictions and Immigration
    • Sealing a Criminal Record and Immigration Applications
    • Criminal Defense FAQs
    • Client Success Stories
    • Criminal Defense Legal Fees
    • Criminal Defense / Immigration Infographic
    • Schedule Initial Consultation
  • Personal Injury
    • Motor Vehicle Accidents
    • Other Injuries
    • Personal Injury Claim Process
    • Client Success Stories
    • Why Choose Us
    • Personal Injury FAQs
    • Personal Injury Legal Fees
    • Personal Injury Infographic
    • Schedule Initial Consultation
  • Client Reviews
    • What Our Clients Say
    • Client Ratings
    • Video Client Testimonials
    • Customer Satisfaction Survey
    • Facebook Testimonials
    • Client Succes Stories
    • Write/Read Client Reviews
    • Schedule Initial Consultation
  • About Us
    • Our Firm
      • Firm Overview & Mission
      • Our 5 Principles
      • Working Philosophy
      • Practice Areas
      • Video Client Testimonials
      • Why Hire Us
      • Our Legal Fees
    • Preparing to Meet With Us
      • Intake Form for Consultation
      • Communication Policy
      • Records Management and Retention Policy
      • Published Court Decisions
      • Customer Satisfaction Survey
      • Client Success Stories
      • Events
    • Our Team
      • Legal
      • Administrative
    • Careers
      • Newsletters
      • Send Us Your Feedback
      • Directions to Our Office
    • Blog
    • Schedule Initial Consultation
  • FAQs
    • Frequently Asked US Immigration Questions
    • Frequently Asked Criminal Defense Questions
    • Frequently Asked Personal Injury Questions
    • Schedule Initial Consultation
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
martine - client testimonial
Play Video
Martine: "My experience with FitzGerald & Company has been tremendously rewarding… they’ve helped me get my green card. He (Desmond) was always very realistic... He would never paint a picture more beautiful… would never say you get something within a month and then take a year..."
More
william - client testimonial
Play Video
William: "What I liked most about FitzGerald & Company is that they excel at professionalism.. the way they do their work, the communication with the clients.. When you call the office from the receptionist to the lawyer everything is well arranged..
More
alistair - client testimonial
Play Video
Alistair: "Came in originally with an H-1 b working visa.. and at one stage I had to apply for an E-1 investor visa which allowed me to start my own company. What I liked most about working with FitzGerald & Company was that the team that I worked with really got to understand my situation.."
More
ahmed - client testimonial
Play Video
Ahmed: "I have known Mr. FitzGerald for 9 years.. and he has always been there for me. The staff has been great as well, communicating with me through mail and phone. Billing has never been a problem with Mr. FitzGerald.. and of course He has succeeded and got the job done every time he worked with me.." More
isaac - client testimonial
Play Video
Issac: "They were there to support me on my case from day one.. always available if you call them.. always there if you have any concerns. Willing to walk with you throught the case.. I have recommended my friends to FitzGerald & Company, because I feel they will be treated the way I was treated and I was very happy.."
More
Previous Next
Home / FAQ / H-1b Visas for Professional Employees

H-1b Visas for Professional Employees: Frequently Asked Questions (FAQ)

  • 1. Is there a benefit or preference for an H1-b Visa if I have a Masters degree that I obtained in the US?
  • 2. Can I transfer my H-1B visa to a different employer? and do I need to wait for the H-1B transfer to be completed before I start working with a new employer?
  • 3. What is a prevailing wage?
  • 4. I have been living in the United States for almost five years under an H-1b Visa and my visa will be expiring soon, are there any options for me to stay here longer or to obtain my green card?
  • 5. How do I calculate when I will be entering my 6th year with an H1b Visa? Does the time I traveled outside the U.S. count for calculating the time under an H-1B visa??
  • 6. What do I need to do if I want to change employers and I have H-1b Visa status?
  • 7. If I have an H-1b Visa, or I am applying for one, how quickly can my employer apply or start the process to obtain my Residency / Green Card?
  • 8. When does my H-1B visa application process have to start in order to start working in a given year?
  • 9. Why is it important to apply on April 1st or as soon as possible, for the H-1b Visa?
  • 10. What are the responsibilities of the employer who sponsors an H-1b Visa?
  • 11. How many employees can an employer have with H-1b Visas?
  • 12. What documents does my employer need to provide in order to apply for an H-1b Visa? And what are the fees?
  • 13. What happens to my immigration status if my H-1b Visa application is denied?
  • 14. What is my immigration status while my first H-1b Visa application is pending?
  • 15. What is my immigration status while my H-1b Visa transfer application is pending?
  • 16. What immigration status can my spouse and children obtain if I am applying for an H-1b Visa or I already have an H-1b Visa, and can they work and/or study in the U.S.?
  • 17. How long does my H-1b immigration status last?
  • 18. How many times can I renew my H-1b Visa?
  • 19.How many times can I change employers under my H-1b Visa status?
  • 20. I am about to enter the 6th year on my H-1b Visa, how can I extend my status?
  • 21. Who is eligible for a seventh year H-1b Visa extension?
  • 22. Can I change employers if I am on my 7th year H-1b Visa extension?
  • 23. How long do I have to leave the country after my H-1b Visa status expires or I lose my job?

1. Is there a benefit or preference for an H-1b Visa if I have a Masters degree that I obtained in the US?

Yes, of the 85,000 H-1b visas available each year, 20,000 of them are reserved for applicants with Masters degrees or higher obtained in the U.S.  With the new process of selection established in 2019, applicants with master’s degrees or higher have greater chance of having their H-1B visa application selected for processing, given that they are now included in the pool when the USCIS selects applications for the 65,000 specialty occupation slots and they are again included in the pool when the USCIS selects applications for the 20,000 slots reserved for advanced degrees.

Top

2. Can I transfer my H-1B visa to different employer?  and do I need to wait for the H-1B transfer to be completed before I start working with a new employer?

Yes, and H-1b visa can be transferred between employers. The law AC-21 (American Competitiveness in the Twenty First Century Act ) allows an H-1b Visa holder to begin working with a new employer as soon as his/her transfer application has been filed with the Immigration Service, without having to wait for an approval. However, if your H-1b transfer application is denied, you may be left out of status or “illegal”, making it much more difficult to return to legal status in the future.
Top

3. What is a prevailing wage?

The prevailing wage is the wage or salary that the U.S. Department of Labor estimates is the median, or most common wage, paid by employers within that state for a specific position, based upon the duties of the position and the qualifications of the applicant and according to the Bureau of Labor Statistics.

You can find the prevailing wage for a specific position and location in the Online Wage Library of the Foreign Labor Certification Data Center.

Top

4. I have been living in the United States for almost five years under an H-1b Visa and my visa will be expiring soon, are there any options for me to stay here longer or to obtain my green card?

Under the American Competitiveness in the Twenty First Century Act (AC21), an individual may extend his/her H-1b Visa beyond 6 years, for what is commonly known as the 7th year extension, so long as the individual has:

1). An LCA (Labor Condition Application) filed prior to the beginning their 6th year on the H-1b Visa, and

2). This LCA is pending, or if it has been approved, there is a related I-140 (employment residency petition) pending, or an I-140 approved related to the specific LCA that was filed before the 6th year of the H-1b Visa.

Top

5. How do I calculate when I will be entering my 6th year with an H-1B Visa? Does the time I traveled outside the U.S. count for calculating the time under an H-1B visa?

In order to calculate whether or not an individual has actually started their 6th year under an H-1B visa, it must be determined whether the individual traveled outside the U.S. or was transferring their H-1b without working for the new company, since all of the this time can be deducted from the 6 years. For example, person A received an H-1b in January 2015, however, he has returned to his country for summer vacation for a total of 6 months during his 6 years under H-1b status. His 6th year would not begin until July of 2021 (as opposed to January 2021).
Top

6. What do I need to do if I want to change employers and I have H-1b Visa status?

Pursuant to the AC21 law, an H-1b Visa holder may transfer their H-1b Visa to a new employer by having the new employer file a new H-1b visa application. The H-1b holder may begin working for the new employer as soon as the application has been filed (prior to receiving approval of this application). However, if the H-1b transfer is not approved the original H-1b Visa will likely be lost.
Top

7. If I have an H-1b Visa, or I am applying for one, how quickly can my employer apply or start the process to obtain my Residency / Green Card?

H-1b Visas are a dual intent visa (non-immigrant and immigrant intent), therefore your employer may apply for your legal permanent residency or green card at the same time they apply for your H-1b visa, after you receive your H-1b Visa, or possible even before they file for your H-1B visa.
Top

8. When does my H-1B visa application process have to start in order to start working in a given year?

Currently, all potential H-1b candidates should have their company complete an H-1b  registration between March 1st and March 20th of the given year, so that if the registration is selected and the H-1B visa petition is approved, you may start working on October first of that year.
Top

9. Why is it important to apply on April 1st or as soon as possible, for the H-1b Visa?

By law, there are only 65,000 capped H-1b Visas (for professional bachelors) and 20,000 (for advanced degree professionals) available each year (there are certain H-1b Visas not subject to the yearly cap). The USCIS starts accepting the selected H-1b Visa applications on April 1st, for the visas that will be issued in October of that year. In the past, H-1b Visas have run out early in the year, so it is suggested that the company creates an account and registers as soon as they are permitted (February 24th for creation of an account and March 1st for registration).
Top

10. What are the responsibilities of the employer who sponsors an H-1b Visa?

The employer must comply with the conditions identified in the H-1b petition, specifically regarding salary, position, job duties, and location of work site. If there are any material changes to the conditions set forth in the H-1b Visa petition and the supporting LCA, the USCIS and/or the Department of Labor should be notified. In addition, employers have the responsibility to keep employment/salary records and pay a portion of transportation costs for the H-1b employee to return to his/her country if employment is terminated by the employer. For a full list of employer obligations visit:
Employer Obligations for an H-1b Visa
Top

11. How many employees can an employer have with H-1b Visas?

There is no specific number limitation in this regard, however, if there is a significant percentage of the employees of a company on H-1b Visas, the Department of Labor may categorize the employer as H-1b dependent and place additional restrictions on the employer’s ability to apply for other H-1b Visas.

 

Top

12. What documents does my employer need to provide in order to apply for an H-1b Visa? And what are the fees?

The documentation required of an employer to sponsor an H-1b Visa is a job description which would establish a requirement for a bachelors’ degree or greater for its performance, financial records that demonstrate the ability of the sponsoring company to pay the employee the prevailing wage for the position offered, and an approved labor condition application  (Application ETA 9035).
For a complete list of employer documentation needed and more information on H-1b Visas and fees, please visit our H-1b web page.

 

Top

13. What happens to my immigration status if my H-1b Visa application is denied?

It would depend on the situation. If you are currently in the United States with a valid non-immigrant visa, you would likely continue in that status. If your former visa has expired, then you may no longer be in status.
Top

14. What is my immigration status while my first H-1b Visa application is pending?

Your status continues to be the status you had at the time that you applied. If your non-immigrant status expires while the H-1b application is pending and there is a visa immediately available for you, then your status will be “an applicant for a non-immigrant visa” and you are permitted to remain in the United States until a decision on your application is made. However, if there is not a visa immediately available, then the visa application does not provide any “status” while it is pending, unless you were on an F-1 visa or OPT (Optional Practical Training) status and you timely filed an H-1b application  (during the H-1b acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect), in this case, your F-1/OPT status and work authorization (if previously granted), would be extended until a decision is made on your application.
Top

15. What is my immigration status while my H-1b Visa transfer application is pending?

Pursuant to the law AC21, you would continue in H-1b status until a decision has been made on your H-1B visa transfer application.
Top

16. What immigration status can my spouse and children obtain if I am applying for an H-1b Visa or I already have an H-1b Visa, and can they work and/or study in the U.S.?

Based on the H-1b Visa holder’s status, spouses and children (sons and daughters who are single and under 21 years of age) can apply to obtain an H4 Visa (a derivative of the H-1b Visa), which allows them to live and study in the U.S., but will generally not allow them to work in the U.S. However, there are certain situations in which an H-1B spouse may receive employment authorization.  In addition, family members may apply for a different visa if they fulfill the visa’s eligibility requirements. See the immigration section of our site which provides eligibility requirements and information and eligibility requirements for different types of U.S. visas.
Top

17. How long does my H-1b immigration status last?

An H-1B visa may be issued for a maximum of 3 years and an H-1B visa holder generally can maintain H-1B status for 6 years.   However, time spent outside the U.S. or non-working time during an H-1b transfer procedure does not count towards the 6 year limitation. Also, if a residency petition or LCA/PERM petition was initiated prior to the first day of your 6th year, under the AC21 law, you may qualify for a 7th year extension and that 7th year extension may be renewed indefinitely, so long as the qualifying conditions exist.
Top

18. How many times can I renew my H-1b Visa?

Generally an H-1b Visa may be renewed as often as is necessary for the individual to complete the 6 years allowed by the H-1b Visa law. An individual may be eligible for additional extensions pursuant to the AC21 law (an LCA/PERM process must have been initiated), given that all the requirements are met.
Top

19. How many times can I change employers under my H-1b Visa status?

Generally, there is no numerical limit to the number of employers an H-1B visa holder may have, or transfers an H-1b Visa holder may apply for. There are, however, limitations to the validity periods. For example, the initial H-1b validity period is 6 years. After that, an individual may leave the U.S. for a period of time and then begin a new 6 year period, or in the alternative, may be eligible for 7 year extensions indefinitely, under the AC21 law, given all requirements are met (i.e. an LCA/PERM process was initiated).
Top

20. I am about to enter the 6th year on my H-1b Visa, how can I extend my status?

You may have an H-1b Visa for more than 6 years if prior to the beginning of the 6th year your employer files a PERM/LCA petition, Form ETA 9089, or an employment immigrant visa petition, Form I-140, on your behalf. Please note that in order to file a PERM/LCA application; the employer must have completed a series of recruitment procedures, so this process should be initiated well in advance of your 6th year. Once your employer has filed for your U.S. residency petition or the PERM/LCA application, your H-1b status may be extended indefinitely on an annual basis with some important exceptions or restrictions. Please be sure to review the circumstances of your individual case with your attorney.
Top

21. Who is eligible for a seventh year H-1b Visa extension?

An individual in H-1b status who has an employment based residency petition (I-140 or LCA/PERM Form ETA-9089 filed prior to the first day of their 6th year of H-1b status (and the application is pending or approved), may be eligible for a seventh year extension of their H-1B visa, under the AC21 law. Please note that calculating the date on which the 6th year of H-1b status begins requires careful review because it involves numerous factors (see previous question). Please bear in mind that the sponsoring employer must be committed to continuing with the residency process.
Top

22. Can I change employers if I am on my 7th year H-1b Visa extension?

Yes, you may change employers on your 7th year visa extension. 7th year H-1b Visas are transferable under the same conditions as non-7th year H-1b Visas. However, all 7th year extensions require that the petitioning employer who filed the LCA/PERM or I-140 continue supporting the residency process.
Top

23. What happens with my H-1B visa status if I get fired or lose my job? How long do I have to leave the country after my H-1b Visa status expires or my employment is terminated?

H-1b Visas become invalid upon the termination of employment or non-compliance with the conditions of the H-1b Visa (i.e. salary, position, duties, etc.).  H-1b Visas do not have any extension period during which an individual may depart the United States after their employment is terminated,  and therefore individuals under H-1B status should depart immediately after their visa expires or they lose their job. There are other visas that contain an automatic departure period. For example, an F-1 student visa contains an automatic 60 day departure period. However, H-1b Visas do not.
Top

IMPORTANT NOTE ABOUT THIS DOCUMENT

The information contained in this document is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all individual situations. Therefore, it should not be construed as legal advice under any cirmcunstance. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Stay Informed
Subscribe to Our Newsletter

Newsletter

Get to Know Us Video

Get to Know Us

Client satisfaction
Client rating

About Us

  • Firm Overview & Mission
  • Our 5 Principles
  • Working Philosophy
  • Practice Areas
  • Video Client Testimonials
  • Why Hire Us
  • Our Fee Structure
  • Preparing to Meet With Us
  • Intake Form for Consultation
  • Communication Policy
  • Records Management and Retention Policy
  • Published Court Decisions
  • Client Success Stories

Schedule your initial consultation today. Call 617-303-2600 (ext. 0)

StatisticsReview of Fitzgerald & Co

Call to schedule an
appointment today

617-303-2600

Serving clients in Massachusetts
and surrounding areas.

Benefits of Appointment

  • Learn your legal options
  • Understand your risks
  • Make well informed decisions
Online Appointment Request

Authorization of email use

Call to schedule an
appointment today

617-303-2600

Serving clients in Massachusetts
and surrounding areas.

Benefits of Appointment

  • Learn your legal options
  • Understand your risks
  • Make well informed decisions
Online Appointment Request

Authorization of email use

BBB Acredited Business 2014 Member peerrated 2019 best personal injury 2020 best immigration attorney 2020 best criminal defense attorney badge 2020 10 best immigration attorneys Top Somerville Car Accident Lawyers

FitzGerald Law Company (also know as “FitzGerald & Company” or “FitzGerald & Company, LLC.” )
185 Devonshire Street, Suite 601 Boston, MA 02110 (617) 523-6320

Site Map – Find The Page You Are Looking For | Blog | Privacy Policy

FitzGerald Law Company serves the following Massachusetts communities: Suffolk County including Boston, Jamaica Plain, Chelsea and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Everett, Newton, Somerville, and Waltham; Norfolk County including Quincy, Brookline, Weymouth and Randolph; Essex County including Haverhill, Lawrence, Lynn, Peabody, and Salem; Worcester County including Fitchburg, Leominster, Shrewsbury and Worcester; and Plymouth County including Bridgewater, Brockton and Plymouth.

Disclaimer: The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Authorization of email use

By providing your email address you authorize us to communicate with you via email, and include you in our monthly eNewsletter's distribution list. For more information, please visit our Privacy Policy page.

Online Appointment Request
  • Immigration
  • Criminal
  • Personal Injury
Modal title

Schedule your initial consultation today. Call 617-303-2600 (ext. 0)

 

fitzgerald law company

Receive Our FitzGerald Law Company eNewsletter for:

  • Information on immigration Options
  • Client Success Stories
  • Important immigration Law Changes
  • Answers to Immigration, Criminal and PI FAQs
  • Events, important announcements, resources and tips
  • Which of our practice areas are you interested in? (you may select more than one)
  • Your email will be kept completely confidential
  • This field is for validation purposes and should be left unchanged.

 

×