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H1B Visa - Frequently Asked Questions


What is the validity period of H-1B visa?

The H1B processing time varies because all cases are different. Generally it takes between three to six months to process an H-1B visa. You must wait at least two weeks after you send in your application for a receipt from the USCIS and another two weeks before you call the USCIS to check the status.

Note: When USCIS officials get your application package, they will send you a receipt showing the date your case was received and the receipt number assigned to it. Use the receipt number to track the status of your application when you call the number listed at the bottom of the receipt notice. you may also check the status of your petition online.


What do you mean by 'H-1B dependent employer'?

An employer runs the risk of becoming an 'H-1B dependent employer' if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:

  • An employer has 25 or fewer full time employees of which more than seven are H-1B employees
  • An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
  • An employer has more than 50 full time employees of which 15% or more are H-1B employees

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When should I file my H-1B petition if I am currently under optional practical training on F-1 visa?

You may file for H-1B status while in your practical training itself. Getting an H-1B takes a lot of time and sometimes you might have to wait if your OPT expires before you resume employment. If you file your H-1B petition while in the practical training, you shouldl have your H-1B ready by the time you are out of training. If the H-1B petition is filed before the expiry of F-1 or B-2, you will not be out of status. If your OPT expires before the H-1B is approved, you cannot legally work until the H-1B is approved. However there are special 'cap gap' rules that apply to F-1 students whose H-1B petition was filed before their OPT expired.

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