There are several documents that are required of the H-1B beneficiary to file the petition. The required documents can be described in two ways; documents that prove the beneficiary is qualified for the position; and documents that prove that the beneficiary has maintained lawful status in the United States. The specific documents that are submitted […]
The H-1B lottery is the method in which USCIS determines who can apply for an H-1B visa. USCIS limits the number of H-1B’s available each year to 65,000, but because the number of interested applicants usually exceeds the number of available visas, USCIS conducts a lottery to determine who can submit a petition. Employers looking […]
USCIS defines a specialty occupation as the “theoretical and practical application of a body of highly specialized knowledge” and “attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” Basically, a specialty occupation position is one that requires a […]
Once you have a job offer at a new employer, you must make certain that the potential new employer knows that you are in H-1B status and will require H-1B sponsorship. This is a question that may be asked at your job interview, but it is very important that the employer understand that they must […]
There is no minimum amount of time you are required to work for your current employer before changing to a different employer. If you find a great new job just a few days after you change status to H-1B, and the employer is willing to file the change-of-employer (or “transfer”, or “portability”) petition on your […]
You are in valid H-1B status, and now you’ve interviewed for and been offered an exciting new job and you would like to take it. The new employer says “Yes! We will transfer your H-1B.” Your new employer must file a petition to change your employer and extend your H-1B status. This is almost exactly […]
The general answer is “Yes,” but you do need to be aware of some risks. There is always a risk that the USCIS may deny a change-of-employer petition. Why would this happen? It might happen for any of the reasons that the initial H-1B petition may be denied: the USCIS questions that the job is […]
In most cases, the answer is no – once a foreign national has obtained H-1B status, they do not need to go through the lottery again to change employers. The new employer files a petition on their behalf, and they go to can work in H-1B status for the new employer seamlessly once the petition […]
The answer to this question is complicated because there are several time-dependent steps in changing H-1B employers. You will initially need to agree on a start-date with your new employer, and you may be obligated to submit two weeks’ notice to your previous employer. Here is an outline of the steps in the process that […]
Not necessarily. You don’t need a new visa at all unless you leave the U.S. and you don’t already have a valid H-1B visa. If your H-1B transfer includes an extension of stay, the approval notice will have a new I-94 record appended to the bottom – and the I-94 is the document that controls […]
