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H1B First Time Applications

The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelors degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications. 

H1B Transfer

H1B transfer is basically filing a new H1B visa petition, which is not counted in the H1B visa quota cap or H1B Visa lottery, because the applicant has already been counted in the quota once in the past 6 years. This term is typically used, when one plans to change current employer and join another employer.

You are not required to tell your current employer about an H-1B transfer. It is up to your what information you decide to reveal to colleagues and employers. There are no limits imposed on the number of times you may apply for a transfer. Portability is one of the many benefits to having an H-1B visa over other work visas.


H1B Extension/Renewal

H1B visa status can be granted initially for up to three years, and then can be extended for another three years. The normal maximum amount of time a foreign national can remain in the U.S. in H1B visa status is six years. Once the six year cap is reached, the foreign national must be physically outside the U.S. for one full uninterrupted year in order to “reset” the 6 year clock.

In limited circumstances, H1B visa status can be extended beyond 6 years if: The foreign national is the beneficiary of an approved I-140 petition. The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago. The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.



RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. Receiving H1B RFE does not mean that your H1B application has been denied, it simply means that there are documents or information that are missing. Thus, the adjudication officer sent out the notice so that eligibility can be established for the petition.

H1B and H4

Family members of the H-1B worker are admitted to the United States in the H-4 visa category. Qualifying family members include only the spouse and unmarried children under 21 years old. Family members are admitted for the same period for which the principal family member is admitted. H-4 visa family members may undertake studies while remaining in the H-4 category. 

H1B and Green Card

Individuals under H-1B status are frequently eligible to apply for a green card for the right to live and work permanently in the United States. Obtaining an employment-based green card consists of multiple steps and a specific application process. Going through the employment-based green card process while under H-1B status has many benefits, especially if you have an approved I-140.