H1B1 VISA – DLG

H-1B1 Visa Frequently Asked Questions

What is the H-1B1 visa, and who is eligible for it?

The H1B1 category was created by the Free Trade Agreements signed with Chie and Singapore in 2003. The 6,800 available H1B1 visas each fiscal year (5,400 for Singapore and 1,400 for Chile) can be an excellent alternative to the H-1B visa for citizens of those countries. These visas are deducted from the 65,000 H-1B visas that are available worldwide each year.

What is a specialty occupation?

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent in a related field as a minimum qualification.

How do I apply for an H-1B1 visa?

The application process for an H-1B1 visa typically involves the following steps:

Obtain a job offer from a U.S. employer in a specialty occupation.

The employer files a Labor Condition Application (LCA) with the U.S. Department of Labor.

The employer files an H-1B1 visa petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).

Once the petition is approved, the applicant applies for the H-1B1 visa at the U.S. embassy or consulate in their home country.

How long can I stay in the U.S. on an H-1B1 visa?

H-1B1 visa holders can generally stay in the U.S. for an initial period of up to 18 months. Extensions are possible in one-year increments, but the total stay cannot exceed 24 months.

Can my family members accompany me on an H-1B1 visa?

Yes, H-1B1 visa holders can bring their spouse and unmarried children (under 21) to the U.S. as dependents on H-4 visas. H-4 visa holders are not eligible to work but can attend school in the U.S.

Can I change employers while on an H-1B1 visa?

Yes, you can change employers while on an H-1B1 visa, but your new employer must file a new H-1B1 petition on your behalf. You can begin working for the new employer once the petition is approved.

Can I apply for U.S. permanent residency (a green card) while on an H-1B1 visa?

Yes, H-1B1 visa holders can pursue U.S. permanent residency (a green card) if they meet the eligibility criteria for a green card and their employer sponsors them for the process. The H-1B1 visa does not prohibit you from applying for a green card. Unlike H-1B and L visas, H-1B1 visas are not considered Dual intent visas. Therefore, a person in H-1B1 status, who files for permanent residence (a green card) may endanger their continued H-1B1 status.

Can I travel outside the U.S. while on an H-1B1 visa?

Yes, H-1B1 visa holders can travel outside the U.S. and re-enter, provided their visa is still valid. It’s essential to have the necessary travel documents and maintain your status.

How soon can I apply for an H-1B1 visa before starting work in the U.S.?

You can apply for an H-1B1 visa up to 90 days before your intended start date of employment in the U.S.

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Apoorva Chintalacheruvu

Davidson Law Group has been my attorney for over 1.5 years, and my experience has been consistently positive. They successfully processed two LCAs for me and handled my PERM application efficiently. All interactions have been smooth, and they always respond promptly to any questions or concerns. I highly recommend them for anyone seeking professional and responsive legal support.