Frequently Asked Question About H1B Visa

What is overall H1B petition process ?

It consists of the following steps between March and October every year.

  • H1B Registration (2 weeks in March) : Lottery results come out in March last week.
  • File H1B petition (1 April to 30 June): USA Visa lawyer files it using all required documents.
  • Result of H1B petition ( 1 Jul to 30 Sept ): sometime there is delay beyond Sep as well.
  • Visa Stamping : once Approval Notice is received
  • Apply for Jobs in USA (Only 1 Oct  onwards)

What are documents required for filing H1B Petition ?

Each applicant mselected in H1B registration , should start creating a scan copy of the following documents as preparation to file the H1B petition. Sponsor company would ask you to upload these to a portal or sed by email:

  1. Copy of passport(s) – Scan relevant pages only(first few and last few pages(non-blank only), other non-blank pages in the middle, , if any)– do not send scan of blank pages
  2. Copy of latest resume (list title/dates by employer/company not client/project names)
    1. We’ll provide example of it to understand during discussion, 
    2. In each project in your CV , replace client name by Employer name since the USA is interested in your employer history not project clients history. See the example below on how to show/ describe each project in CV:

Project 1: <Create Portal for client>

Client@ <EmployerCompanyName>

<May 2021 >– <Mar 2022>

Position: <Web Developer>


3. Copy of all educational docs and certifications (with degree certificates/ transcripts/ mark sheets) (certificates of earlier than degree isn’t required)

a. Foreign Credential Evaluation – USA lawyers get this prepared based on certificates.For most of first time applicants this needs to be created.


4. Copies of work experience letters from current/previous employers


H1B is a nonimmigrant visa that permits foreign nationals to remain and work within the United States temporarily. A petition for an H1B visa can be filed by individuals who are not citizens of the US to provide services within a specific job.Visa has to be filed by a USA based company as sponsor for the applicant.

To be eligible for an offer of employment from an US employer that will be the sponsor of your H1B petition, you MUST:

  • Have attained a US Bachelor’s degree or greater in your field of specialization from an accredited university
  • Have an equivalent foreign degree; or
  • Experience in positions in your specialization that are similar to the degree you earned this degree. 

You are not able to make an H1 visa application. Only your potential employer who has offered you an employment offer can submit your H1B application in your name. If your petition is approved and your employer is notified, they will receive Form I-797 Notice Of Action and send this form on to you.

Yes. An US employer could give you an opportunity to work if you’re working for an Indian company. India. It is not necessary to be in the US at the time your potential US employer submits your H1B application.

Dual intent visas are among the very few immigrant visa categories where the foreign national can apply and be granted the intention of making an application for US permanent residence. If a dual intent visa is granted one is able to apply for green cards. Because H1B visas are dual intent, holders of H1B visas can apply for a green card in the event that they are eligible.

No. The USCIS approval of your H1B application is not a guarantee of access to the US with H1B status. You’ll need to go to an interview at the US Consulate close to you in order to have your H1B visa issued. An officer from the Consular Office will confirm your academic background, experience in the field and details about your US job, as well as other pertinent information. He issues your H1B visa after he is satisfied that all the information you submit to be authentic and in line with what is the information in your application.

There is not a limit on the amount of H1 visas an individual can have. Multiple companies can file for H1-B visas on one employee.

H1-B approval is green paper form I-797. It allows employees to legally work for the business that is listed on the form. The applicant can have more than one H1 authorisation from various businesses and at the same time, each visa may be stamped by the company that you work for. Visas allow you to travel to a different country for a specified period of time.

Legally it is not possible, unless a person has an H1-B visa approved petition, which is approved by a company.

Yes, your spouse and children could accompany you to the US under a dependent H4 visa. Dependents of H4 can be studying and applying for employment authorization documents (EAD) for work authorization in the US.

Yes. To be eligible for H1B transfers H1B workers typically has to:

  • Physically present in US in the US; and 
  • Have an I-94 form as well as the latest 2 month’s payslips for Company A.

Transfers to H1B aren’t affected by the cap on H1B transfers. All you require is a company B to manage all paperwork required to transfer your H1B visa. It is not necessary to get permission from Company A to transfer your visa. For more details, go to the H1B transfer page.

The H1B visa’s duration is restricted to 6 years. If one is required to return under H1B visa, you must be outside of the USA up to a minimum of one year prior to re-entering.You could be eligible for an extension past 6 years if you are in the middle of the green card process is complete and your labor has been waiting for more than the 365th day or you’ve submitted an application for 485/AOS.

Your employer is able to apply for H1 with the Premium Processing program for an additional charge. If your employer opts for premium processing for your H1B petition USCIS will process your petition within the span of 15 days. For more details, check out the HP Premium Processing H1B FAQs.

However, you are not able to start an S-Corporation. In order to start an S-Corporation, you must be a US citizen. There are many ways of creating your own business, however, the one that is the most efficient method is to incorporate “Limited Limited Liability Corporation” ( LLC ). There are numerous companies who can help you do this. They could charge between $150-200 for the process, and it could take a few days. LLC may be a “Partnership Firm” or the insurance protection for liability as an “Incorporated company.” You may be the Director or Chairman of the Board but you cannot engage in work for it except if you hold an H1 visa issued by the business. However, you are able to choose to hire a CEO for your business, who holds an employment permit (Green Card or Citizenship).

This category is a nonimmigrant work-based visa for foreign nationals who can perform specialization in various jobs and is the most well-known nonimmigrant visa for employment within the United States. It is possible to apply for and receive an H-1B Visa under any of the three categories: Specialty Occupations; Department of Defense (DOD) Cooperative Research and Development Project; or Fashion Model.

A specialty job can be defined as one that the United States Citizenship and Immigration Service (USCIS) considers eligible for an H-1B visa. To qualify as a job for the criteria of a “specialty occupation” it must meet at least one of these qualifications:

  • The job is based on a bachelor’s degree or equivalent degree.
  • The job is extremely complex and impossible to accomplish by someone with fewer qualifications.
  • The employer usually requires an academic degree or equivalent to the job

To be eligible for an H-1B visa, you must be able to show an offer of employment from a U.S. employer, and the position must meet the requirements for a specialty occupation as described above. This means that you’ve got the academic credentials and knowledge required to be a “specialty job.”



Who is able to file an H-1B application?

The H-1B petition must be filed by the prospective employer, since beneficiaries are not able to sponsor their own H-1B petitions. While there is an uncommon exception, when an H-1B application is filed by an U.S. company controlled by the visa recipient These types of cases generally are subject to higher scrutiny of the USCIS.

Does H-1B have an Annual Cap and how does it work?

The answer is yes, the H-1B visa category has an annual limit. The visa cap represents the year-long numerical limit that indicates the amount of visas which can be granted in the course of a year within this specific classification. The H-1B category is one of the visas covered by this rule. The cap is determined through Congress which is set at 65,000 slots to meet the standard cap. Of this 6,800 slots have been reserved for Chile and Singapore citizens, leaving other applicants with the remaining 58.200.

What is the H-1B Masters Cap?

In addition to the above mentioned 65,000 visas, there are an additional 220,000 visas that are available to those who have at least a U.S. master’s or higher from accredited institutions. It is often referred to by the name H-1B cap master’s degree exemption, or advanced. In total 85,000 H-1B visas will be given each year.

Are all Petitions Subject To the Capital?

Some petitions are exempt from cap. Here are a few examples of petitions exempt from cap.

  • Requests to transfer H-1B positions (once the applicant has already been included in the cap)
  • Requests to renew H-1B Status
  • Petitions from individuals who have the employers listed below:
    • Higher education institutions
    • Non-profit associations affiliated with higher education
    • Centers for research at the federal level

When Do I Have the Right to File My H-1B Petition?

Since it is a cap-regulated classification, H-1B applications are a time-frame for employers to file petitions on behalf of potential employees. The H-1B annual window begins on the first working day in April. It remains open until the 85,000 petitions have been received from USCIS USCIS and seven working days have expired. Whatever happens last of both will be the final submission deadline for the year.

Due to its relatively simple requirements in comparison to other nonimmigrant visas The H-1B is extremely sought-after, and the capacity is sometimes filled in just a few hours after the opening of the file window. So, it is essential to have all the necessary documents prepared and ensure that the form is completed correctly and submitted immediately after the filing window is opened.

What exactly is H-1B’s Labor Condition Applicant (LCA)?

An H-1B Labor Condition Application (LCA) is one of the prerequisites for the process of applying. It assists to help the Department of Labor (DOL) determine if the employer is able to hire an H-1B employee and is able to pay the current wage.

An LCA is the initial step in the process and must be submitted to and approved by the DOL before an H-1B application can be sent to USCIS. The LCA includes the following information about the worker as well as the employer and the H-1 position beneficiary:

  • The title of the job
  • Duration of the job
  • Job location
  • The wage that is currently in effect for the same job in the region
  • Part-time or full-time status
  • Salary offered for the job
  • The amount of workers (an employer can file an LCA with multiple H-1B employees provided they’ll be in the same place)
  • Contact details for employers

The LCA can also be used to confirm four attestations to safeguard workers in the current U.S. workers. These attestations state:

  • The wage that is prevailing will be paid.
  • There isn’t any strike or lockout currently in place at the beneficiary’s suggested place of work.
  • The employees currently employed are informed of the intention to hire the beneficiary.
  • Conditions of work for employees currently employed are not in any way by the selection of the recipient

Important Links:

  • All Important Aspects of H1B Visa Process: Know More.
  • United States Temporary Workers Registration Process: Read More