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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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Ishani Dash
I can’t say enough good things about Davidson Law Group. Leyla, Dana, and Melisa are absolutely incredible. The firm goes above and beyond for their clients. They take the time to really explain everything, and no matter how complicated the situation may seem, they make sure you never feel alone in the process. Their support, professionalism, and genuine care truly set them apart. If you’re looking for an immigration team that will stand by you, this is the one.
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Surya Reddy
I had an excellent experience working with Davidson Law group on my H-1B petition. The team was extremely quick, efficient, and detail-oriented throughout the entire process. They guided me step by step, clarified every question I had, and made sure all documentation was handled with precision. I truly appreciated their responsiveness and professionalism, which gave me confidence during a very important process. Highly recommend them to anyone looking for reliable immigration legal support!
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Piyush
I can't say enough about the DLG team (Dana, Melisa, Matt, and Leyla). They are the reason my visa transfer went so smoothly. This team is proactive and responsive, and they truly give you peace of mind while the process is ongoing. They were patient with all my questions and ensured I got my approval on time. Their hard work is truly appreciated, and I highly recommend their services.
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Sarah Tory
Dana and her team were fantastic throughout my Green Card process. With their help and support, I felt confident every step of the way and can't recommend them enough!
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Jason Berg
Dana and her associates were incredibly helpful through our green card application process for my wife. They were extremely comprehensive in preparing the submission, and supportive at each stage of the process - through making sure we were fully prepared for the final interview. We couldn't have imagined the process going any smoother (what I think might be in record time), and are incredibly grateful for their support. Thank you again to the entire DLG team.
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Oshrat Goldberg
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994


Bar Admission

  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.
  • Connecticut

Speaking Engagements
 
  • AILA 13th Annual Asia Pacific Chapter Conference 2025, Seoul, Korea, Speaker: “The Art of H-1B Strategic Planning” panel
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  
  • AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010