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’s 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.
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?
3. What is a prevailing wage?
You can find the prevailing wage for a specific position and location in the Online Wage Library of the Foreign Labor Certification Data Center.
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.
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?
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?
Employer Obligations for an H-1b Visa
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.
12. What documents does my employer need to provide in order to apply for an H-1b Visa? And what are the fees?
For a complete list of employer documentation needed and more information on H-1b Visas and fees, please visit our H-1b web page.
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. 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?
IMPORTANT NOTE
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.