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H-1B - PROFESSIONAL VISA
An H-1B, professional, visa may be issued to an alien who is coming temporarily
to the United States to perform services in a specialty or professional
occupation. The applicant for an H-1B visa must first receive an offer of
employment from a US company. The
company must file the I-129 petition, with H supplement, I-129W, and an approved
labor condition application with the Immigration & Naturalization Service
office having jurisdiction over the place where the alien will be employed. Please
read the instructions, attached to the petition, carefully to determine who can
file the petition and what documents will be needed to establish the
qualifications for obtaining an approval of an H-1B petition or change of
status.
Note: Whenever
you mail any forms or documents to the immigration service, you should always do
so by certified mail, return receipt requested, or by some form of express mail
for which you can obtain proof of receipt.
This is very important in the event immigration loses your application.
In that event you can submit your proof of receipt, with evidence of
payment, and you can establish that you did not violate your status in the
United States. Once the petition is approved, the alien will be sent immigration form I-797 changing the person’s status in the United States and extending the authorized stay for three years, or for the time requested on the petition if less than three years. Each accompanying family member who filed an I-539 application will also be granted the change of status (as an H-4) for the same period as the principal applicant.
If the alien is outside of the United States, the approved petition (form
I-797) will be forwarded to the US consul where the alien will apply for his or
her visa. Form DS-156 must be
completed and presented in person at the consulate, together with documentation
that will clearly establish eligibility for the visa.
A separate form DS-156 should be completed for each accompanying family
member. The H-1B visa will be
issued for a period of three years. The
spouse and children of the principal applicant will receive H-4 visas for the
same period of time. An H-1B or H-4
visa holder, when entering the United States, will be given a period of stay
coinciding with the time remaining on the visa. If the alien desires an extension of stay, he or she would file a request for an extension with the Immigration and Naturalization Service, which extension will be granted for three years. A maximum of six years is permitted on an H-1B visa. Once an extension is granted, the alien can obtain revalidation of the H visa through the US State Department, rather than having to return to the consul to obtain a new visa. The dependents of an H alien are not permitted to work in the United States, unless they also qualify and apply for their own H-1B status. |
