| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 27. | I'm qualified as an MBA and I wish to work as a computer professional in a company that pays $50,000 annually, will I be considered as an 'exempt H-1B employee'? |
| | | | | No, you are not an exempt H-1B employee. Your Master's degree must be 'in a specialty related to the intended employment,' which means that your degree must be generally accepted in the industry or occupation
as an appropriate or necessary credential or skill for the job. Since an MBA is not generally considered to be a degree necessary for computer programming, it does not meet the higher degree exemption clause. |
| 28. | I'm not qualified with a Master's Degree. But I can show that my work experience is equivalent to the knowledge and background of a Master's Degree holder. Do I qualify as an 'exempt H-1B worker'? |
| | | | | No, you do not qualify as an exempt H-1B worker. The equivalence to the degree may not be established
through work experience. You must have been awarded a Master's degree or higher in a field related to the intended area of employment. |
| 29. |
Can I reenter the U.S. with the same H-1B visa and join another company?
| | | |
| | Yes, you may enter the U.S. with an H-1B visa from a different employer to join a new employer, but only if the new employer has filed an H-1B petition on your behalf. |
| 30. | What if there is a change in my working conditions while
I'm on H-1B status?
| | | | | | As
long as you continue to provide H-1B services to a U.S. employer, most changes will not affect your H-1B status. You may change H-1B employers without affecting status, but your new H-1B employer must file a new Form I-129, Petition for Nonimmigrant Worker, before you start working for him. The merger or sale of your H-1B employer's business will not affect your status in many instances. However, if the change means that you are working in a capacity other than the specialty occupation
for which your employer petitioned, it is a status violation. |
| 31. | Are there any travel restrictions on H1B visas? | | |
| | | No, there are no travel restrictions on H-1B visa. You may travel outside the U.S. and reenter as many times during the validity period of the H visa and approved petition. |
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