Frequently Asked Questions about H-1B

Extending H-1B Status Beyond Six Years

If H-1B visa holder filed Form I-140 or a PERM labor certification application at least 365 days before the end of his/her six-year H-1B time limit and the application is still pending, then he/she can extend his/her H-1B status beyond the six-year limit.

H-1B visa holder files an I-140 petition, which is approved. However, an immigrant visa number is unavailable to the alien due to retrogression in the relevant category. In such a situation, the alien can extend his/her H-1B status in three-year periods of time beyond the maximum of six years.In this case, he/she doesn’t need to extend his/her status 365 days before the end of his/her six-year H-1B time limit.

I am in H-1B status now, can I apply for NIW/EB-1 and PERM at the same time?

Yes, Immigration & Nationality Act allows applicants to submit multiple immigration applications at the same time. Different types of immigration applications have different requirements for applicants.

I am in H-1B status now and plan to apply for I-140. How will my I-140 application affect my status?

It does not affect H-1B status, but if applicant
1) Apply for F-1, F-2, B-1, B-2, J-1 or J-2 visas; 2) enter the U.S. in F-1, F-2, B-1, B-2, J-1 or J-2 status; and 3) Change your status to F-1, F-2, B-1, B-2, J-1 or J-2 status. The applicant who obtain these visas or status are not allowed to have immigrant intent. Once the applicant submits I-140, he/she has immigrant intent. So it will have an impact on F-1, F-2, B-1, B-2, J-1 or J-2 status.

Can I apply for multiple H-1Bs?

Yes, you can apply for multiple H-1Bs. You are allowed to work for more than one U.S. employer. Each employer submits an H-1B application. And the same employer can only apply for an H-1B for the same employee.

Also, note that as long as you are in H-1B status and have been counted against the H-1B quota in the past six years, your petition to work for another employer concurrently is not subject to the cap.

I haven’t continued my studies since high school. Am I eligible to apply for H-1B?

Probably. If you have enough work experience and it is related to the job you are going to do in the United States, you may apply for H-1B even without a bachelor’s degree. USCIS generally considers three years of professional experience the equivalent of one year of college education.A alien worker lacking a bachelor’s degree would need to have 12 years of relevant work experience to meet the minimum education requirements.

Can I have a part-time H-1B job? If I currently have H-1B status under my full-time employer, is there anything I need to do?

Yes. As long as your work hours are at least 50 percent of the normal full-time hours in your industry, and provided you satisfy all other requirements for an H-1B, you can obtain part-time H-1B status.

If you already have H-1B status, you can apply for a concurrent H-1B for another part-time job. In this situation, there is no set number of hours that you must work for each employer. You should ask the new prospective employer to apply for a part-time H-1B visa on your behalf. You are permitted to keep two or more concurrent H-1Bs.

I am in H-1B status now. If my employment is terminated, can I stay in the United States?

The USCIS does grant up to a 10-day grace after an H-1B visa ends (and the employer doesn’t file an extension) for the individual to get their affairs in order and prepare to leave the U.S.

However, this only applies to the natural end of the visa’s validation period. If your employment is terminated before the end of that period, then these 10 days do not apply. Fortunately, you will still be protected by the new 60-day grace period.

As dictated by the terms of the H-1B visa, you have to be working and earning wages from your employer in order to maintain lawful status. If you remain employed but your employer no longer pays your wages, you will have 60 days to regain lawful status before being considered “out of status.

H-1B Related Topics

  • H-1B Cap Exempt
  • H-1B Transfer Premium Processing
  • H-1B Visa Requirements
  • H-1B Visa Documents
  • H-1B Annual Cap
  • H-1B Visa Stamping
  • H-1B Visa Transfer
  • H-1B Visa Extension
  • H-1B Dependent Employer
  • H-1B for Nurses