| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 16. |
Can I change employers while I am on an H-1B1 visa? |
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Yes. However, the H-1B1 visa is employer specific; therefore, you cannot change employers until you have a change of status/employer petition approved by the USCIS or you obtain a new visa at a US consulate outside the US. |
| 17. |
What is the processing time for an H-1B1 visa? |
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The wait times at each Consulate vary. The visa will generally be issued the day after your appointment with the US Consulate (though the actual procedure may vary by Consulate). Petitions for change of status or extension of stay submitted to USCIS generally take 4-5 months to be approved. |
| 18. |
Can my spouse and children accompany me to the US? |
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Yes. Your spouse and children can accompany you to the US on an H-4 visa. |
| 19. |
Can my parents accompany me to the US? |
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No. Only spouses and children of the principal H-1B1 visa holder can accompany you to the US in H-4 status. Your parents and other family members are not eligible for the derivative H-4 visas, but may apply for visitor visas. |
| 20. |
Can my dependants work on H-4 visa? |
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No, spouses of H-1B1 visa holders cannot accept employment in the US. They may work in the US only if they qualify for a work visa on their own. However, they can enroll and attend schools in the U.S. without obtaining a student visa. |
| 21. |
Can I change my status to H-1B1 if I am already in the US? |
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If you are in the US in a nonimmigrant visa category that allows a change of status, then you may apply for a change of status to H-1B1 status. |
| 22. |
Can I change my status from H-1B1 to any other nonimmigrant visa category? |
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Yes. You can change your status from H-1B1 to any other visa category that you qualify for. |
| 23. |
Can I apply for Green Card or can I seek permanent residency from my H-1B1 status? |
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The H-1B1 Visa does not support the doctrine of dual intent, therefore once you have begun the permanent resident process you cannot extend your H-1B1 status. However, you can apply for a change of status to a regular H-1B during this process. |
| 24. |
Can I change my status from H-1B1 to regular H-1B and then apply for the Green Card? |
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Yes. If you truly intend to pursue a Green card, you should first switch to a regular H-1B visa and then proceed with your green card application process. |
| 25. |
Are medical doctors from Chile and Singapore allowed to come to the US on an H-1B1 Visa? |
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Generally, as with the regular H-1B, physicians from Singapore and Chile may be granted H-1B1 status only if their employment involves research and teaching, with any patient care incidental to such duties. However, the bar on providing direct patient care has been eliminated for physicians with the appropriate state license, and who have passed the FLEX examination or USMLE Parts I, II, and III, and ECFMG English test if applicable. |
| 26. |
Is USCIS premium processing available for change of status or extensions of H-1B1 visas? |
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Yes. The USCIS premium processing procedure is available for the H-1B1 extensions or change of status filed with the USCIS for foreign nationals in the US. The estimated processing time at USCIS for a “premium processing” request is 15 days. |
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