This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
The USCIS website has detailed information on Eligibility Criteria, H-1B Electronic Registration, Petition Filing Process, Labor Condition Application, Period of Stay, H-1B Cap, Family of H-1B Visa Holders, Settlement Agreement in H-1B Market Research Analyst Class Action Litigation and Filing Instructions.
To acquire H-1B services from Our Firm please set up a consultation by using the Contact Us Form or visit our H Visa Services and Fee section
H-1B Sample Cases from our files
Success in requesting a National Interest Exception for a client with a valid H-1 visa
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S. healthcare and public health sector, a critical infrastructure sector. We followed up with the consulate and the visa was approved.
Status: We followed up with the consulate and the visa was approved.
For more sample cases visit this page: Sample Cases
Related Links from the USCIS
- H-1B Cap Season
- Employment Authorization for Certain H-4 Dependent Spouses
- Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
- Combating Fraud and Abuse in the H-1B Visa Program
- H-1B Electronic Registration Process
- Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
- Frequently Asked Questions about Part 6 of Form I-129, Petition for a Nonimmigrant Worker
Comments
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You need a consultation
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
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Time frame getting GC with new H-1B employer after I-140 porting
The new employer has to start the green card all over again from PERM. Your priority date remains the same from what I can tell, but the process of a new approval all the way to I-140 could take one to two years
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SSN application rejected for H1B visa
SSN application rejected for H1B visa Hi, I have applied my SSN for the third time, almost a month back and still no news. They are saying my documents are still under DHS verification.
03-01-2022 : Entered US on H1b visa 03-08-2022 : Applied for SSN but got rejected as my H1b visa was expiring on March 22nd.(i94 expiry also 03-22-2022)
Extended my H1b visa and got the 797A form which has an updated i94, till March 2025
04-08-2022 : Applied for SSN again 04-19-2022 : When i called to ask the status they said they are missing Visa copy and i visit the SSA office and submitted again. 05-05-2022: Called SSA again for status and they are saying the i94 verification is still pending with DHS. 05-07-2022 : Recieved a notice from SSA declining my SSN application. Reason stated is "DHS is unable to verify the immigration document you submitted as evidence of your lawful alien status".
05-10-2022 : Visited SSA office to get a clarity but they were not able to give a proper answer. Instead they submitted a new application.
06-14-2022 : Its been 5 weeks and SSA office is saying its still under verification.
Anyone faced this issue? I feel like this is going in loops and my life is stuck without an SSN. Worse part is no-one has any idea where is the issue and what we need to do to fix it.
Please help. Thanks, Best Regards, Richu
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SSN application rejected for H1B visa
This situation occurs when the DHS records are not yet in Sync. Check again with the USCIS.
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LCA Employer name misspelled
Hi, My paralegal misspelled the name of the employer on the LCA and it has already been submitted to the DOL. Will this cause a denial of certification of LCA? And if H-1B petition is submitted with this error on the LCA, will it cause any RFE? Thank you in advance!
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LCA Employer name misspelled
I believe you have been in touch with me on LinkedIn.
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H1-B status transfer
My H1b was picked and Approved by USCIS with my current employer. Unfortunately, my current employer went through layoffs and my role was affected as a result. Can my future employer use my Approved H1B petition to file for a transfer before October 1st? I am currently on my F1 STEM OPT.
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H-1B status transfer
This issue is covered in our FAQ. Please see: https://www.immigration.com/faq
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H1B visa
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
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H-1B applying for a job from outside the US
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer
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H1b to F1
I am planning to utilize H1B cap gap for July and August this year, and transfer to F1 for PhD program. Will there by problems now or in future applications if I leave H1B cap gap and join F1 program? I am currently on F1 STEM OPT EAD ending in June 2023.
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H1b to F1
Check with your DSO. You are still on F-1 during the cap gap. I am not sure what the official policy is.
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My F1 status will end with…
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
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The nature of the cap gap extension - still F-1 status
See this link: https://studyinthestates.dhs.gov/students/h-1b-status-and-the-cap-gap-e…
U.S. Department of Homeland Security established regulations that automatically extend F-1 status and, if applicable, post-completion OPT employment authorization from April 1 to Sept. 30 for eligible F-1 students. We call this the cap gap extension. The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. The gap is the period between the end of an individual’s F-1 status and the beginning of the individual’s H-1B status. The cap-gap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct. 1.
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Advice on H1B Immigration
Hello Rajiv, I am Mamta. I was laid off from my company on 1st February 2023 and I am on 60 days H1B grace period. Currently I am left with 28 days. I have joined a consultancy on March 1st and they have filed my H1B in regular. The project is starting from March 20th. On Monday they will receive the h1b receipt. I wanted to know if I have received a full time offer now from other company, can I join this company and leave the consultancy? The full time company is going to file my visa transfer in premium. I am worried as the consultancy has my joining date as March 1st 2023, so ideally I am their employee. And they also have my details for I-9 verification. Will filing H1B transfer from other full time company will create an issue? Could you please help me and provide your valuable suggestions. Thanks and Regards, Mamta
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You have been in touch with me on LinkedIn
This is taken care of.
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H1B Transfer if joined one company A and H1B transfer approved
I am on my 60days grace period.I am doing H1B transfers and have one offer from staffing which I have joined already and one offer from full time company. Staffing company has filed H1B transfer in premium and full time is yet to file this coming week.As I have joined staffing company and suppose if H1B transfer with staffing company gets approved this coming week.Does that transfer from my ex company to Full time company is still valid or now as H1B with staffing company is approved I have to transfer it from staffing to Full time company?
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H-1B transfer by two companies in the 60-day grace period
If two companies file for your H-1B transfer within the 60-day grace period, both approvals of the transfer are valid. One does not overrule the other. You can choose either one.
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1099 on 2nd Concurrent H1B
Can I work part-time as 1099 (independent contractor) on a (concurrent) 2nd H1B? The work is related to my expertise/education and I currently have a full-time primary H1B employment.
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1099 on 2nd Concurrent H1B
An H-1B requires a W-2.
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H1B transfer and extension beyond 6-years
Company A has receive I-140 approval. Company A is giving layoff to their employees and unfortunately i'm also part of it. i haven't completed 180 days with company A after I-140 approval. Company A has filed PERM labor certification or employment-based green card application 365 days before. I have company B who is ready to file H1B transfer and extension. My H1B max out is after three months. Would company B file H1B extention based on Company A?
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H1B transfer and extension beyond 6-years
If an I-140 is withdrawn before 180 days, you do not have the right to extend an H-1B.
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H1B Contract clause between Employer and Client
Hi Rajeev Khanna,
My name ia Anand Reddy. Seeking your advice on my wife's Job.
My wife is currently working as full time employee for Company A. Company A has placed her in Company B as a contract employee and she is working for 2.5 years. Company B will terminate her contract from April 1st 2023.
Below is the Clause mentioned by Company A to Company B in the SOW document of Company A and both parties have signed.
Right to Employ:-
During the term of this Agreement and for twelve (12) months after its expiration or termination, neither party will, either directly or indirectly, solicit for employment or employ ( except as permitted below) any employee of the other party who was involved in the performance of the party’s obligations under this Agreement, unless the hiring party obtains the written consent of the other party. The foregoing provision will not prohibit a general solicitation of employment in the ordinary course of business or prevent either party from employing any employee who contacts such party as a result of such a general solicitation or at his or her own initiative without any direct or indirect solicitation by or encouragement from such party
Questions:-
Based on the above agreement.
1. Can my wife apply for a job position in Company B and can Join as a full time employee immediately or she has to wait for 12 months to apply for Company’s B position? 2. My wife is working from Home ( California) . Company A has headquarters in California. Company B is in Arizona State. Will the above agreement hold good as per California state law/Arizona State Law ? 3. Company B is willing to offer a Full Time Job for my Wife, but company B is afraid of the above clause because of future Implications. Need your advice on this ? 4. Can my wife work as a contract employee to Company B through company C (After H1B transfer from company A to company C) ? Will the above 12 months clause prevent this ?
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H-1B Contracts
Contracts are primarily a matter of State law. Find a local lawyer to review.
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H1B transfer from cap exempt to non-exempt
I want to know how to transfer H1B from cap-exempt to non-exempt.
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H1B transfer from cap exempt to non-exempt
You will have to go through the lottery system to transfer. But concurrent employment is possible, keeping both exempt and non-exempt H-1B jobs simultaneously.
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Regarding H1-B transfer
Hi, I have few doubts and really confused going through the Internet.
1. I have filed my H1 through Company B while working for Company A and the H1 got picked from company B. Can I put I a premium process for approval and then transfer h1 to company A?
2. Is it mandatory to have pay stubs from company B to transfer H1 to company A before October 1?
3. If we put in a premium transfer request does company B have authority to revoke my H1 before October 1?
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H1b Transfer process for laid off employee
Hello,
I have been laid off from amazon and I am unemployed from March-20, I got one offer from another company and they did my immigration assessment, they told me that I do not have enough time and its difficult to assure that I will not go out of status within this time saying that they have rejected my application.
if I will just file LAC my un employment days will stop or they will have to file my H1B change petition then only I will be able to save my status.
Also will I get 60 days grace period for each H1B petition ?
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H1b Transfer process for laid off employee
Filing an LCA is not enough. In order to stop the running of the 60-days grace period and to start working, your H-1B transfer petition must be received by the USCIS within the grace period.
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I got my H1 approved in 2023…
I got my H1 approved in 2023 lottery and unfortunately I lost my job before October 1st. And employer filed a H1 withdrawl to USCIS. I'm considering B visa option and I have a few questions about its implications: 1. Is the only way for me to regain work authorization, after applying for a B visa is my H1 gets picked in the 2024 lottery through an employer? 2. Assuming my visa status transitions to H1 on October 1st, would I be entitled to a 60-day grace period (or until the USCIS withdraws the H1) to facilitate a transfer to another employer?
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Read this entry on my Blog for H-1 applying for B status
https://immigration.com/blogs/b-1b-2-visa-option-those-who-have-been-la…
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Question on Visa Stamping validity dates
My initial H1B was picked in 2022 with an I-797A valid from October 1, 2022, to September 30, 2025. I also obtained my H1B visa stamp, which is valid for the same dates.
Later, I changed my employer and received a new I-797A with validity from July 2023 to July 2026. My employer also started my PERM process in February 2024.
I am planning to visit India in December 2025. My questions are:
Question 1: What would be the validity (end date) of the new visa stamp I would receive after my second stamping?
Question 2: If my I-140 gets approved by July 2025 (through premium processing), will I receive a new I-797A? If so, what would its validity be?
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