Can I extend my H1B visa beyond 6 years?

It is possible to obtain an extension of H-1B status beyond the 6-year maximum period. Under the American Competitiveness in the Twenty-First Century Act (AC21), an H1B non-immigrant can be in H-1B status for a maximum period of six (6) years at a time. This act came into effect on October 17, 2000.

Let us consider the two scenarios for extending the H1B visa beyond the 6 year limit.

Scenario 1:

The AC21 106 enables non-immigrants to obtain an extension of H1B status past 6 year, when

H1B non-immigrant is the beneficiary of an employment based immigrant petition or an application for adjustment of status; and

365 days or more have passed since the filing of a labor certification application (Form ETA -750)/EB immigrant petition (Form I-140).

The Attorney General is necessary to grant the extension of stay of such H1B non-immigrants in 1 year increments, until a decision is made on the H-1B non-immigrant's green card.

Scenario:2 to be continued in next blog

Posted Tuesday, February 27, 2007 @ 11:57 PM

Extending H1B visa beyond 6 years - Scenario 2:

The section 104(c) of AC21 permits non-immigrants with approved I-140 petitions who are unable to adjust status because of per-country limits, to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. You can extend stay beyond 6 years in H1b status, provided if they have an employment based green card petition and are not eligible to file adjustment of status application only because you are from a country for which priority date is not current. The extensions of stay under section 104(c) of AC21 shall be made in increments of three years

In order to apply for an H-1B visa extension beyond maximum 6-year limit, the petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary's current employer or a new employer. The rules and fees for processing the H1B visa extension petition are same as that of processing the H1B visa.

Posted @ 11:32 PM

Is there any fast track for processing H1B visa application?

Yes, H1B premium processing! H-1B premium processing provides employers the opportunity to obtain faster processing of a H1B visa petition. Under premium processing service, the USCIS guarantees to process the visa petition within 15 days. The 15-day processing period begins when the USCIS identifies the request for premium processing.

The petition for premium processing service should be filed by an employer or U.S. business. In order to utilize the premium processing service, the employer must complete Form I-907 (Request for Premium Processing). Also, the applicant must pay an additional fee of $1,000 to the USCIS. The fee should be paid as a separate check or money order.

The petition for premium processing H1B visa application should be filed at the appropriate Service Center. The premium processing will end upon the mailing of a notice which is a notice of approval or request for evidence. The USCIS guarantees to refund the additional fee if they fail to process your application with 15 calendar days.

Besides H1B visa, the following non-immigrant visas can also be processed through premium processing service.

H-2A Visa
H-2B Visa
H-3 Alien Trainee Visa
O-1 Visa
O-2 Visa
P-1 Visa
P-2 Visa
P-3 Visa
L-1 Intra Company Business Visa

Posted Monday, February 26, 2007 @ 11:56 PM

Is it possible to transfer H1B Visa?

Yes, H1B visa transfer is possible. According to the AC21(American Competitiveness for the 21st Century Act) , an alien who is previously granted with H1B work visa may transfer to a new H-1B job provided that the new employer has filed a non-frivolous petition on behalf of the foreign national. Also, the transfer of h1b visa requires that the alien has not accrued unlawful presence in the United States.

H1B visa transfer is merely a transfer of the existing visa and not the issuance of a new visa. The applicant must be physically present in the United States for the transfer of h1b status from Company A to Company B. It is not necessary to inform the present employer about the visa transfer. The processing time of h1b visa transfer petition is same as the time for h1b visa processing. Normally, the processing time for h1b visa transfer ranges between 3 and 8 weeks.

Advantages:

As soon as the new employer files your application with the USCIS, the visa holder is permitted to work for the new employer before the approval of change of employment.
H1B visa holder is allowed to apply for visa transfer with more than one company at the same time.
One can apply multiple times for H1B transfer.

Posted @ 9:35 PM

What is H1B Visa?

The H1B is a non-immigrant visa category established by the USCIS (U.S. Citizenship and Immigration Services). This visa option permits the U.S. companies and universities to temporarily employ foreign workers who have the equivalent to a US Bachelor's Degree. The following professionals are eligible to apply for H1B work visa.

IT / Computer professionals
University professors and teachers
Healthcare workers
Engineers
Accountants
Financial analysts
lawyers
Architects
Scientists
Foreign Law advisors

Initially, H1B visa is issued for a period of 3 years at a time. It is extendable by another 3 years on renewal. Through H4 visa, H1B visa holder is allowed to bring their dependants during the validity of the visa. The foreign nationals employed under this visa category may file permanent positions ("USA Green Cards") in the United States, as long as they leave the United States at the end of their authorized periods of stay, including any extensions of stay. H1B visa is generally aside for foreign workers in "specialty occupations".

Specialty occupation refers to certain USA jobs that require theoretical and practical application of a body of highly specialized knowledge along with at least a bachelor's degree or its equivalent from an accredited institution. For example, engineering, architecture, medicine and health, business specialties, accounting, education, physical sciences, social sciences, mathematics, law, theology, and the arts may be considered to be specialty occupations.

Posted Friday, February 23, 2007 @ 11:21 PM

Green Card

Green Card is an identification document for a lawful permanent resident (LPR) of the U.S. who doesn't have American citizenship. It is confirmation that the card holder has authorization to permanently stay and legally work in the United States. Green Card was initially called 'Alien Registration Receipt Card' and it is now known as a 'Permanent Resident Card' (also, Form I-551.)

A U.S. permanent resident always keeps the green card in his/her possession at all times. To be exact, the resident must have a currently valid green card available at all times, to show to a USCIS (US Citizenship and Immigration Services) officer, when asked. The US law requires that the immigrant must carry his/her identification cards, but US citizens are not. This is because the citizen is qualified for more constitutional rights than a permanent resident, who is still classified as foreign national.

Posted Thursday, February 22, 2007 @ 9:59 PM