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USA H1B Visa-FAQs(2)

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  • USA H1B Visa-FAQs(2)

    Need H-1B?


    Q.Who is exempt from the H-1B Cap?
    A: Many H-1B applications are not subject to the annual cap and will continue to be processed. The following types of cases are exempt from the cap:
    • employment at an exempt organization, such as an institution of higher education or a related or affiliated nonprofit entity, nonprofit research organization, and governmental research organizations, except where an H-1B employee moves from an exempt nonprofit organization to a for-profit company;
    • H-1B extensions, whether for an existing or new employer, unless moving from an exempt to a non-exempt employer.
    • amended petitions;
    • concurrent employment H petitions;
    • individuals who have already been counted against the cap at some point during the previous six years, unless the H-1B applicant would be eligible for a full six years of authorized admission at the time the petition is filed;
    • J-1 nonimmigrants who are changing status to H-1B and who obtained waivers through the Conrad 30 Program or other federal government programs;
    • Singaporean and Chilean professionals eligible for H-1B Visas under the Free Trade Agreements.

    Q.Can I bring my dependents on H-1B Visa?
    A: Yes, you may bring your dependents on H-1B Visa: Your spouse and unmarried children are entitled to an H-4 Visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school in the U.S. You may even bring your servants on B-1 Visa.

    Q.What do you mean by 'H-1B dependent employer'?
    A: An employer runs the risk of becoming an 'H-1B dependent employer' if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:
    • An employer has 25 or fewer full time employees of which more than seven are H-1B employees
    • An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
    • An employer has more than 50 full time employees of which 15% or more are H-1B employees

    Q.When should I file my H-1B petition if I am currently under optional practical training on F-1 Visa?
    A: You may file for H-1B status while in your practical training itself. Getting H-1B takes a lot of time and sometimes you might have to wait for three to four months before you resume employment. If you file your H-1B petition while in the practical training, you will have your H-1B ready by the time you are out of training. If the H-1B petition is filed before the expiry of F-1 or B-2, you will not be out of status. If your OPT expires before the H-1B is approved, you cannot legally work until the H-1B is approved.
    Last edited by Parveen Komal; 03-21-2014, 11:16 AM.
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