H1B Visa Guide (End to End)

The H1B Visa is an Employment based non immigrant visa that allows qualified foreign nationals to work temporarily in the United States. The main purpose of the US government to introduce this program is to provide feasibility for the US companies to fill up their highly skilled positions with foreigners if the US citizens are not available. There is a limit (also knows as Cap) on the number of H1B visas issued every year. Currently, US law limits to 85,000 visas for each fiscal year, out of which 20,000 visas are exempt to professionals who holds master’s or higher degree from US universities. Typically, one can be on H1B status for a maximum of six years. However, individual can extend beyond six years if he/she is under the process of obtaining Employment based Green Card.

Eligibility:

To be eligible for H1B visa, all foreign professionals must meet the minimum requirements

Education: Bachelor’s degree or higher

OR

Work: 12 years of work experience (considers 3 years of work experience as one year of university level education)

Along with the qualifications, you should have a job offer from a US employer and employer must be willing to pay salary equivalent to what US employees get paid for a similar position.

When to Apply:

Every year USCIS (United States Citizenship and Immigration Services) start accepting H1B petitions from April 1st until the quota is filled. Once the petition is approved, an individual can start working under H1B status as early as October 1st of the same year.

Required Documents for Filing H1B:

H1B Visa Fee Structure:

H1B processing fee is to be paid to the US immigration services to process the application. Fee ranges between $1575 to $4325 depending on the size of the company. The petitioning employer is legally required to pay the H1B processing fee. Below is the complete break down of the various fees associated with H1B petition: 

Filing Process:

USCIS starts accepting H1B petitions on April 1st every year. For the Fiscal Year 2014, the total cap of 85,000 petitions were filled by April 5th, 2013, just in 5 days. So it is extremely important that you plan ahead of time, gather all the supporting documents and request your employer to file as early as April 1st, so you wouldn’t miss out. Here is a clear picture of how the H1B petitioning process is carried out:

H1B Filing Frequently Asked Questions:

Q: Is it good to utilize Optional Practical Training (OPT) or would it be better to get a H1 right after graduation?

A: OPT is a great opportunity. Do not loose it! Unlike H1B, it gives you flexibility to switch employers without any paperwork with USCIS. Also, you save one year or 29 months (if you are a STEM graduate) of H1 that you could use it later. On top of that, you are exempt from Social Security and Medicare taxes which boosts your pay check by 7.65%

Q: How early can my employer file H1B?

A: The earliest your employer can file H1B petition is 6 months prior to the start date. For example if you want the start date to be October 1st, 2013, the earliest your employer can file is on April 1st, 2013.

Q: How long does USCIS take to process my petition if I file under regular processing?

A: Typically, under regular processing, USCIS takes between 60-90 days to issue H1B. However, you have an option to expedite the process within 15 business days by filing as Premium for which you have to pay additional $1225.

Q: My H1B petition is already filed under regular processing, can I convert it to premium?

A: Absolutely! You can switch to premium any time during the process as long as you pay $1225 to the USCIS. Notify your employer to convert your petition to premium processing, they will take of all the paperwork needed.

Q: Currently, I am on H1B and I would like to switch to a new employer, how long does it take to process my H1B filed through a new employer?

A: Normally, it takes about 60-90 days before USCIS issue H1B. Keep in mind you always have an option to speed up the process by filing as premium which takes just 15 calender days. Regardless what process you choose, you can start working for your new employer the day the petition is filed with USCIS.

Q: I switched to a new employer, now I change my mind and wanted to go back to my previous employer, would it be possible?

A: Yes! Once USCIS approves H1B petition, it remains valid until it expires or employer revokes it. If neither occurs, you are good to go back to your previous employer without re-filing.

Q: Currently, I am on H1B but have been laid off by my employer. How long is the grace period before I go out of status?

A: The news here is bad. You go out of status the moment you are terminated, unfortunately, there is no grace period. You have to file for a change of status before the termination. However, practically, USCIS disregards the out of status period of less than 10 days. So upon termination, you must file for a change of status as soon as possible.

Q: Under the current rules of H1B visa can I take a long vacation while still maintaining valid H1B status?

A: Yes! You can take long vacation on H1B without having any affect on your status. Upon arrival you can continue your work immediately as long as your H1B has not expired.

Q: My company started to laying off its employees, I sense my day is coming, what are the possible options to remain in the States legally?

A: Its extremely important to plan ahead of time in this case. The optimal solution is to find a new sponsoring employer and transfer your H1 to them. If you have no luck in finding a job, the other option would be filing for a change of B-2 Tourist visa status immediately. This allows you to remain in the US legally as a visitor while you look for a job or to go back to the school.

Q: Can I start a company while on H1B?

A: Absolutely! You can start your own company. However, you can not work for it unless you have H1B visa approved for that company. You always have an option to hire either Green Card holder or US citizen as the company CEO who would take care of the day-to-day activities. Also, you can only form either C-Corp or LLC but not S-Corp (Only US citizens can form S-Corp).

Visa Interview Process:

Once after you receive the H1B petition approval (I-797), the next step is to get ready for visa stamping interview. Embassy made it clear that one is allowed to schedule the interview only up to 90 days prior to the employment start date as noted on your H1B approval document (I-797) . In other words, if your H1B start date is on October 1st, 2013, you are allowed to schedule the interview only after July 1st, 2013. However, due to the federal regulations, you can only enter to the United States starting 10 days prior to the employment start date.

Now, let’s get started with the interview process! Recently the interview set up process has been changed, currently it is mandatory that you should schedule two interviews one for a figure prints (first) and one for an interview (later). We have been reported that if the figure prints interview does not go smoothly for any reason (mostly missing documents), he/she is not allowed to take the actual interview as planned, you would need to reschedule both interviews all over again. So it is extremely important that you follow the new process as per their guidelines carefully. To make you feel comfortable with the new process, we will walk you through each step and help you schedule the interview.

Step 1: Documents

Gather all the required documents for stamping. Please follow the below checklist for the required documents:

Step 2: Photograph

You need to upload the recent digital photo during the process of filling DS-160. It is very important that you meet certain criteria with the size and content of your photo. Please follow the appropriate Guidelines

Step 3: DS-160

Filling DS-160 is the first step in setting up the visa interview process. The DS-160 must be filled completely and submitted prior to the visa interview. The unique Barcode that is listed on your DS-160 confirmation page is what you use to schedule your interview. It is important that you answer all questions on DS-160 accurately and completely. Make sure you have the following documents handy while you fill up the DS-160:

• Passport
• Travel itinerary (If you have already made specific plans)
• Resume (You will be asked to enter previous employment history)
• Educational Certificates (You are required to enter the dates/schools you attended)
• Digital Photo (You will be asked to upload a recent digital photo)

Once you are ready to fill the DS-160, Click Here and follow the instructions.

Step 4: Pay the visa fee and Schedule an interview

To schedule an interview, you first have to Create Profile and pay a visa fee. Previously, payments options were very limited but fortunately, now they are lot more flexible. You can make a payment through the following options:

• National Electronic Fund Transfer (NEFT) – Funds will be transferred directly from your account
• Mobile Payments (IMPS)
• Over the Counter (Cash) – Axis Bank or CitiBank or Druk Bank

Note: The application fee for a non-immigrant H1B visa is $190

Once after you create the profile, you are required to choose one of the above payment options to proceed, for example, if you choose the option to pay cash over the counter from one of the provided banks, you will be given a confirmation number that you are supposed to take to the bank for making the payment without which no payment will be accepted. Finally, once the payment is made, Bank will issue a receipt number that you will need to enter to schedule an appointment.

Log back in after 3 hours of making the payment (requires 3 hours for activation), enter the receipt number and reserve slots for interview and finger printing.