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H-1B Visa Temporary Professionals

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The H-1B visa is one of the most popular temporary work visas.

H-1B visas are temporary work visas which are available for "specialty occupations", i.e., either professionals or fashion models of "distinguished merit and ability." H-1B visas are most commonly used for professionals; namely, occupations which require at least a college degree in a specialized field. Examples of occupations which often use H-1B workers are as follows: teachers, computer programmers, physicians, architects, marketing analysts, lawyers, engineers, etc.

H-1B visas are usually issued for upto three year periods, and can be extended for up to six years. After six years, the H-1B visa holder can no longer extend the H-1B visa, unless he or she meet a special exception.

Another key aspect of H-1B visas is that they are subject to a QUOTA, i.e., only a limited number are issued each year. When the QUOTA is reached, it is not possible to obtain an H-1B visa for that fiscal year unless one falls within one of the exemptions to the quota.

Note that Australians have a special visa, the E-3, and Singaporeans have a special type of "H-1B", the H1B1, which are similar to H-1Bs but which have certain advantages over H-1Bs.

Reader Comments

Ex H1B visa holder

Hi,

I am an ex H1B visa holder. My previous company (Company A) had applied for my H1B visa and was valid from Jan, 2004 - Dec, 2006 on passport. I was in USA from June, 2004 - Dec, 2004 (6 months) on that H1B visa. After coming back from USA (Dec, 2004), I moved to Company B.

Now I want to go to USA again on H1B visa.

Can I transfer the expired H1B visa or do I need to apply for a fresh H1b visa? If I need to apply for a new H1B, will I be subject to cap or cap-exempt? If cap-exempt, then when can I apply for the same?

I heard that a person will not be subject to cap if she is already been counted and not completed 6 years of H1B stay.

Kindly advise me on the same.

Thanks and Regards,
Moumita

H1B Extension & H1B Cap

In general, if one will be employed by a company under H1B status (Company B) which is a different company from the original H1B petitioner (Company A), then one must apply for a new H1B visa (barring a merger, acquisition, etc., type of situation).

Regarding whether "a person will not be subject to cap if she is already been counted and not completed 6 years of H1B stay", please see our page:  "H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap"

H1B throughout the year

Thank you for your answer in advance.

i am slovak, management position. master degree from Slovak University.
I just found a great job in Colorado which i would love to apply for.
the official H1B deadline was met so my question is - if i still apply for the job and company likes me, is there a chance to get H1B still in let's say June/July?

thanks a lot, you definitely make it clear for me. i did have no idea it's under a deadline

I appreciate your help

petra:)

H-1B

As of today, April 17, 2009, the USCIS is still accepting H-1B petitions, which are not exempt from the quota, for employment which starts on October 1, 2009, i.e., the beginning of the next federal fiscal year.

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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