Top 10 Myths about H-1B visa

Top 10 Myths about H-1B visa:

I graduated in May 2010 and my Optional Practical Training started on June 2nd2010. My Employer filed my petition for H-1B to USCIS early April 2011 and my OPT was expiring June 2nd 2011.  I knew that my H-1B status starts from October 1st 2011 if H-1B petition gets approved. I was in a confused state if I had to apply for OPT extension to have the legal permit to work from June 2nd 2011 until my H-1B gets approved. I was assuming I shouldn’t work during this period.

And then I knew about the CAP-GAP!!!  Read Myth 1 to know more about CAP-GAP.

In this post, H1BWiki provides you with the top 10 most common myths and facts about H-1B Visa.

Myth 1: My H-1B is filed but not approved. I have to stop working since my OPT is expiring.

Fact: If a H-1B petition is filed by your employer before your OPT (Optional Practical Training) expires and you see gap between the OPT expiry date and H-1B start date (generally October 1st), then CAP-GAP automatically extends your status until October 1st. You can continue working as usual until October 1st. If your H-1B is rejected, then you have to stop working.

Myth 2: For filing H-1B, my company has to show the evidence that they tried to recruit US citizens through advertising on job boards and classifieds.

Fact: The U.S. employer does not have to prove that they looked to recruit a U.S. employee before the candidate for whom H-1B petition is being filed is hired. There is still an exemption for those employers who have more than 15% of H-1B candidates.

Myth 3: H-1B candidates pay more taxes than U.S. citizens.

Fact: H-1B candidates pay taxes same as the workers who are U.S. citizens or those with permanent residency in the U.S. The only exemption is for the OPT (Optional Practical Training) workers who comparatively pay less taxes than the other workers, because they do not pay for the Social Security and Medicare.

Myth 4: H-1B workers are paid less compared to U.S. citizens.

Fact: The pay scale for any employee working in the United States is calculated based on the job description, experience and educational qualifications. H-1B workers are paid on the same level as the U.S. citizens and the company has to prove that they are paying the prevailing wage in that geographical area for the same job position.

Myth 5: H-1B visa holders have less educational qualifications than American counterparts.

Fact: H-1B visa holders at least bear a Bachelors degree. This is the basic requirement to file a H-1B petition. Most of the H-B holders fall under Masters, PhD or other higher degree categories. A few of the candidates have their H-B file with their Bachelors. This is still a proof that H-1B visa holders would have higher educational qualifications to support their job in the United States.

Myth 6: H-1B visa holders are taking away jobs from Americans.

Fact: The jobs which have been filled by a H-1B worker in the United States are mostly those which require a high skilled personnel. There are no Americans who suits with the specified job description in the employee location who can take these highly skilled jobs. H-1B people are not taking away jobs but they are creating jobs.

Myth 7: My H-1B approved and I can now change the Employer without reapplying H-1B.

Fact: H-1B is specific to an employer. If you would like to change an employer, you should definitely apply for a H-1B transfer. Point to be noted is that the H-1B transfer can be applied any time of the year and it is not subject to any cap.

Myth 8: I cannot travel outside U.S. while on H-1B

Fact: You can travel outside U.S. any time and get back while you are on H-1B until your H-1B visa expires. But, if there is a change of status (Ex: From F-1 to H-1B) or if your visa is being renewed, you need to get visa stamped at the U.S. consulate before entering United States.

Myth 9: U.S. issues 65,000 H-1B visas every year.

Fact: Apart from the 65,000 H1-Bs approved every year, there is a separate 20,000 quota for candidates who pursued master’s degree at the U.S. Also there is no annual cap while applying for H-1B through social, non-profit organizations.

Myth 10: I have a Bachelors Degree and my Employer can file a H-1B.

Fact: Having a Bachelor’s Degree alone is not the criteria to apply for a H-1B. Not only that a bachelor’s degree is necessary, the job requirements must clearly match with the educational qualifications you have.