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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Tilak

Davidson Law Group has been exceptional in handling my L1-A visa process. Jennifer has been meticulous in gathering the required documents and processing the file. Leyla has thorough knowledge and expertise on immigration laws and can help with any of the concerns. Overall it has been an outstanding experience. Thanks

Ross Gregory

Tony Montana

I recently used the services of Davidson Law Group and I must say, they are truly exceptional! 😊The team, especially Jennifer, was incredibly kind and helpful throughout the process 🌟Their efficiency and online system saved me a lot of time and energy, making everything much more convenient as I didn't need to visit the office often 🙏I'm deeply grateful for all the support and guidance they provided! And I 100% recommend Davidson Law Group to anyone in need of legal services 👍Thank you, Davidson Law Group, for making my experience so positive!!! 🎉🎉🎉

Vishnu Prashanth

My deepest gratitude for the outstanding support and guidance I received during the visa extension and stamping process. Davidson Law Group team, and particularly Leyla, went above and beyond to ensure a smooth and successful experience.Navigating visa-related matters can be daunting, but with Leyla's assistance and the overall support from your firm, I felt confident and well-informed throughout. Leyla provided tremendous support at every step, answering my queries promptly and offering valuable insights that significantly eased the process. The meticulous attention to detail and personalized service I received have left a lasting impression.I am truly grateful for the exceptional service provided by the Davidson Law Group. The team's commitment to client satisfaction and expertise in immigration matters have undoubtedly made a significant impact on my journey.Thank you once again for your invaluable assistance. I look forward to recommending your services to others in need of legal guidance.

Harsimran Kaur

Aadia Mujawar

Davidson Law group is absolutely the best at what they do! They are able to handle the nuances of every different case with such ease. Leyla, Stephanie and Dana were very prompt, cooperative and patient with all my questions and I would highly recommend them to anyone seeking immigration help!!