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H1B Visa - Frequently Asked Questions


What are the benefits of H-1B visas?

The benefits of H-1B visa are:

  • Multiple H-1B visas: In most cases, there are no limits to the number of H-1B visas an individual may have in their lifetime
  • Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family
  • Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country. Normally, this is not a problem since the foreign national usually desires to stay in the U.S. and changes into another nonimmigrant status
  • If you change jobs you must reapply for a new visa, under the new position. This does not mean that you have another six years. The H category visa allows you to stay in the country for six years, regardless of whether you changed employers during this period. Those who arrived in the country on H-4 visas, and converted to H-1B status, will have six years from the date they changed to H-1B.

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What are the limitations of H-1B visas?

The limitations of H-1B visa are:

  • Temporary Duration: Because of the H-1B visa's temporary nature, individuals who seek H-1B visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period
  • The H-1B Cap: An annual numerical limit is imposed on the number of H-1B visas issued during a fiscal year. Currently the cap is 65,000. However, the quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer
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