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Old 10-10-2006, 12:56 AM
h1bdiy h1bdiy is offline
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Join Date: Sep 2006
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Default USA H1B Visa-FAQs(1)

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Q.What is H-1B work Visa?
A: The H-1B specialty workers Visa is a nonimmigrant Visa which allows foreigners nationals to enter the U.S. and perform services in a prearranged professional job. The job must be in a 'specialty occupation' and must require a bachelor's degree as a minimum for entry into the field.

Q.What is 'specialty occupation' for the purposes of H-1B Visa?
A: A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent.

Q.How do I qualify for H-1B Visa?
A: To qualify for H-1B Visa, you must:
Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of highly specialized knowledge
Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
Seek temporary entry into the U.S.
Have a bachelor's degree or the equivalent in work experience. You should have bachelor's degree plus three years of work experience for each year of missing university education. This would be considered four-year bachelor's degree

Q. What are the benefits of H-1B Visas?
A: The benefits of H-1B Visa are:
Multiple H-1B Visas: In most cases, there are no limits to the number of H-1B Visas an individual may have in their lifetime
Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family
Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country. Normally, this is not a problem since the foreign national usually desires to stay in the U.S. and changes into another nonimmigrant status
If you change jobs you must reapply for a new Visa, under the new position. This does not mean that you have another six years. The H category Visa allows you to stay in the country for six years, regardless of whether you changed employers during this period. Those who arrived in the country on H-4 Visas, and converted to H-1B status, have to remember that this six-year period starts counting from the day they arrived in the country on their H-4 Visa

Q. What are the limitations of H-1B Visas(Annual H1B Cap)?
A: The limitations of H-1B Visa are:
Temporary Duration: Because of the H-1B Visa's temporary nature, individuals who seek H-1B Visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B Visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period.
The H-1B Cap: An annual numerical limit is imposed on the number of H-1B Visas issued during a fiscal year. For the fiscal year 2006, the cap is 65,000. In addition, there are 20,000 special cap exemptions for people with U.S. masters' degrees and education beyond a U.S. master's degree. However, the quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer.

Last edited by h1bdiy : 10-12-2006 at 08:24 PM. Reason: losing link
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