H-1B Status
H-1B is a nonimmigrant visa that permits an employer to sponsor a foreign worker in a specialty occupation. Generally, an academic title (postdoc or specialist) with at least a bachelor’s degree qualifies for H-1B sponsorship.
The H-1B visa allows nonimmigrants to work temporarily in the United States in a specialty occupation requiring at least a bachelor’s degree or equivalent experience. Employers must file a Labor Condition Application (LCA) with the Department of Labor to attest that they are offering the prevailing wage for the job and that there will not be a strike or lockout in the field of employment. H-1B holders may be in status for up to six years with extensions and can work alongside US citizens and permanent residents. Dependents (spouses and children under age 21) are also eligible for H-4 status.
How Do You Maintain H1B Status?
H-1B workers must remain in a valid status until the end of their authorized period of stay as indicated on their Form I-94. They can leave the United States or extend their H-1B status with a new employer and an approved H-1B change of status petition. If an H-1B worker changes to a different nonimmigrant status, such as L-1 or O-1, they must have their immigration case adjudicated before their existing visa expires.
Unless you have received a waiver of the two-year home-country physical presence requirement, you cannot travel outside the United States while your H-1B change of status request is pending with USCIS. If you do, you may be considered to have abandoned your change of status application and will not be able to reenter the United States in H-1B status.
You must also keep your passport valid and report any changes of address to USCIS on time. You can do this through the USCIS e-Request Portal or the iChecker system.
Can H1B Apply for Green Card?
H-1B holders who meet certain conditions can apply for a green card and become lawful permanent residents. The process can take time and requires a lot of careful planning. It is best to start the green card process before your H-1B visa expires. It is also recommended to speak with ISSO if you are thinking of changing positions or making any other significant changes while in H-1B status. This will allow us to ensure that your change of status application is handled properly and to make sure that your H-1B remains valid.
It is important to note that once you have your Green Card, you may freely travel in and out of the United States. However, your Green Card will not be automatically renewed upon expiration, and leaving the country for more than six months could result in losing your permanent resident status. If you are thinking of applying for a Green Card, it is recommended that you consult with a qualified immigration attorney.
Can H-1B Become a US Citizen?
If you want to stay in the United States for a long period of time, it is likely that you’ll need to apply for permanent residency. This process is known as adjusting status, and it’s often best to have an experienced attorney handle the case.
You must file form I-485 with USCIS to change to a green card. This is a complex process, and it could take months or years to complete. It’s important to start preparing as early as possible, and you should also make sure that your employer is aware of your plan to adjust status.
The government has set an annual limit on the number of H-1B visas available. The cap is usually reached within days of the beginning of the filing period, and there is a lottery to determine who gets the limited number of visas. In addition, companies must demonstrate that the H-1B worker will not harm US workers’ wages and working conditions.
