H1B Visa Central Islip
Who is this for?
Those who are preparing their applications but want assistance from a knowledgeable immigration specialist to get them started in the proper direction and to help them through the application and procedure. There are still a few things to keep in mind when a beneficiary starts an H1-B job in the US. It is necessary to file an updated or new petition if the beneficiary switches jobs or has a 50% shift in their job responsibilities.
If there is a change in the worksite, a new labor condition application must also be submitted. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. During this time, the beneficiary may attempt to find a new employer to remain in the US but may not work. It is important to note if there are any changes to a beneficiary’s job position or the US company. Here, an immigration lawyer can help you determine what steps are required to comply with the H1B visa program.
Additionally, an H1B is valid for a maximum of three years. To stay for up to three additional years, an extension must be filed. The request must be submitted while the beneficiary is still in valid H1B status. The extension does not have to be granted and does not have to be for the full three years. To strengthen the application, submit documentation showing the continued need for the H1B beneficiary. Items including, but not limited to, copies of pay records, work schedules, evaluations, and work produced by the beneficiary can be helpful.
As previously mentioned, H1Bs are valid for up to six years. However, you should be aware that the six-year timeframe includes time spent in L status. This six-year limit, meanwhile, only takes into account time spent in the country. The six-year H1B maximum does not apply to a beneficiary who can show that they lived abroad for some time. They can “recapture” this time and utilize it to extend their H1B status.
This time can be recovered, for instance, if a person spent six weeks in their home nation, one week each year. In this case, the recipient would be qualified to stay an additional six weeks on an H1B visa. be recaptured. If any part of the day was spent in the United States such as a travel day, it is not eligible for recapture.
Green Card to H1B Visa
You may seek permanent residence status while on an H1B visa. Additionally, those who are awaiting an immigrant visa priority date may be qualified to remain in the country on an H1B for some time longer than six years. If you have an authorized EB-1, EB-2, or EB-3 petition, you can also be qualified to keep your H1B status for a longer period. An immigration lawyer, like myself or another member of my team, can give you further information if you have any questions concerning the procedure for converting an H1B visa to permanent resident status in the United States.
H1B Visa Exceptions
Singaporeans and Chileans can obtain H1B1 status. H1B1 visas have a maximum 18-month validity period and are renewable indefinitely. You can submit your application either online or at a US consulate abroad. H1B1 visa holders are not included in the 65,000 visa cap and are not limited to the same six-year period of residence as H1B visa holders. The H1B1 visa may be used for certain jobs that are not specialty occupations and are therefore unsuitable for an H1B visa. If you think you could be qualified for an H1B1 visa, a lawyer who specializes in immigration, such as myself or another member of my staff, can give you more information.
Applicants for an H1B1 visa can apply directly at the consulate or with USCIS (as a change of status). H1B1 applicants can provide all documentation directly to a consular officer when they seek visa stamping. They need not have approval before their consular appointment.
F1 Visa to H1B Visa
For our clients, switching from an F-1 (student) visa to an H1B is a common occurrence. If you have F-1 status, you are eligible for a year of practical training after completing your education. STEM professionals may be permitted to extend their practical training for an additional 24 months. The main focus of this practical training must be the theoretical application to your particular field of knowledge. Your degree needs to be relevant to this position. Employers may file H1B visa applications on behalf of students who are enrolled in practical training and whom they intend to hire for a longer period and who meet all the requirements outlined above.
Some foreign nationals who finished practical training, but cannot commence their H1B employment, may be eligible to stay in the United States during this gap. The H1B holder does not have to return to their home country during this period. Although they may not work in the United States during this time. This “cap-gap relief” eliminates the need for inconvenient and expensive travel between the US and another country. If you have any questions about this process, an immigration lawyer, such as myself or another member of my team, would be happy to assist you.
Conclusion: The H1B visa is one of the most popular avenues that allow foreign nationals to perform specialty occupations in the United States. You should now have a much stronger understanding of the various aspects of the H1B visa, including the H1B visa benefits, requirements, and the visa application process.
If you have any questions regarding the information discussed in this guide or about the H1B visa generally, feel free to contact Shankar Law Office and Associates. I am very responsive and I would be happy to help you.
Shankar Law Offices’ reputation in immigration law has been earned through years of hard work and an unwavering commitment to excellence and success in immigration law. We take great professional and personal pride in each case we win for employers, families, and individuals throughout the United States. We also receive enormous satisfaction in knowing that bringing and retaining talented people from around the world contributes to America’s world leadership in science, technology, health care, sports, arts, culture, and commerce.