| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 6. | What is the validity period of H-1B visa? | | | |
| | Generally H-1B visa is granted for three years. It may then be extended, in the first instance for two more years, and eventually for another one year.
For further extension, the H-1B professional must remain outside the U.S. for at least one year before
becoming eligible for another H-1B visa. If the professional acquires permanent residency (Green Card) he/she need not remain outside the country for one year. Certain foreign nationals working on Defense Department projects may remain in H-1B status for 10 years.
The six year limit has been relaxed by a new law on October 17, 2000. Now, you may apply for Extension of Stay of one year at a time, until your
Green Card application is processed. The restriction is that you should have applied for Green Card within five years of being on H-1B. |
| 7. | Can I bring my dependents on H-1B visa? | | |
| | | Yes, you may bring your dependents on H-1B visa. Your spouse and unmarried children are entitled to an H-4 visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school
in the U.S. You may even bring your servants on B-1 visa. |
| 8. | How
do I apply for H-1B visa? | | | | | | An individual may not apply for H-1B visa. H-1B status
requires a sponsoring U.S. employer. A U.S. employer has to sponsor the H1B petition to employ a foreign professional. |
| 9. | How should an employer petition for H-1B visa? | | |
| | | The Forms to be filed for an H1B petition are: | | | |
| | | • | Form ETA-9035, Labor Condition Attestation,
with the Regional Department of Labor office. Through this application your employer assures the DOL that he/she will provide you with fair salary and equal benefits which are provided to a U.S. citizen. It also states that it was not able to find any U.S. citizen who was qualified for the position |  |
| • | Form I-129, Petition for Nonimmigrant Worker, with H Supplement, and supporting documentation including the approved LCA should be filed with the USCIS Regional Service Center having jurisdiction
over the city of intended employment. When it is approved, the employer or agent is sent a notice or approval Form I-797 and a copy of it is forwarded to the American Consulate
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