Do you want to live and work in the United States legally? The H-1B visa could be the perfect visa for you. The H-1B visa covers many fields of work ranging from architecture and engineering to healthcare and medicine. This visa allows a foreign citizen to be sponsored by a US company for a period of six years and entitles their spouse (husband/wife) and children to accompany them and live in the United States of America. Spouses and unmarried children under the age of 21 may also receive visas. Individuals cannot apply for an H1B visa. One of the main benefits of the H1B visa is that it is a “dual intent” visa: you can apply for a green card (lawful permanent residence).

H1B visas are subject to annual numerical limits, currently 65,000 for fiscal year 2011. H1B visa holders may travel in and out of the United States, when granted by a United States Consulate. Certain H1B holders may be eligible to extend their H1B status beyond the six-year limit under the AC21 guidelines. The H1B holder can buy or sell property in the US.

H1B Visa Eligibility

Individuals who have a four-year college or postsecondary degree, or the work experience equivalent of 12 years of work experience, OR a combination of postsecondary education (eg, 2-year Diploma) plus six years of work experience. A license to practice in the chosen occupation (if such a license to practice is required).

List of documents required for the H1B visa

  • passport
  • a photography
  • A letter from the current employer
  • Letter of offer from the company in the United States
  • Applicant Summary
  • Examples of company project documents and some documents that describe what the company does
  • Notice of approval (Form I 797) of the original petition
  • Employment Verification Letter
  • 6 month bank statements
  • degree certificates

Once the H1B visa application has been submitted to the USCIS (United States Citizenship and Immigration Services), it will be reviewed for completeness. Attached documents will be reviewed along with the application. If all requirements are met, USCIS will send an approval notice to the US employer and an approval notice will be sent. Using the Notice of Approval, the applicant can obtain the H1 visa from the US Consulate. If the application is denied, USCIS will provide written notice of the reason for the denial.

In case of non-approval of the H1B transfer, the original H1B visa will be lost. Therefore, before entering a new job, it is always best to complete the visa transfer.

H1B Visa Transfer

Current H1B visa holders can transfer their visa and start working for a new employer once the new sponsoring company submits the H1B transfer request to USCIS. H1B transfers are unlimited. During the H1B transfer procedure, the following documents may be required:

  • Pay stubs for the last 3 months.
  • H1B approval documents.
  • Passport copies.
  • Copies of I-94 records.
  • Copy of the Social Security Card.
  • Copy of existing valid visa
  • Last resume.
  • Copy of all your Diplomas/Titles.

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