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NEW H1B VISA/ H1B TRANSFER/H1B EXTENSION

Please note that H1b Transfer/Extension involves the same process as filing for a new H1B. The only difference is that H1b transfer is not counted against the quota.

HOW CAN WE HELP?

  • Provide you an estimate of costs involved (i.e. filing fees, attorney fees & costs);
  • Provide you with a checklist of documents required for applying for the H1B visa;
  • File Labor Condition Application and obtain certification from DOL;
  • Prepare the petition (i.e. application) for H1B visa alongwith all necessary attachments & supplements;
  • Submit the application to the proper government agencies;
  • Advise you on an on-going basis of the progress of your case;
  • Intimate you forthwith on receipt of approval of your H1B visa petition;
  • Provide you a copy of all papers filed;
  • Online access to your case status.

Eligibility:

H1B status is available to an alien coming temporarily to the US to perform services (other than certain athletes and entertainers) in a specialty occupation and with respect to whom the Secretary of labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application for "labor condition".

For H1B status, the petitioner (i.e. the US employer) must demonstrate that :

  • The job requires a professional;
  • The alien is such a professional;
  • The labor condition certification has been obtained.

Some Features of H1B status :

There are three steps in the H1B process :

  • There is an annual numerical limit of H1B approvals;
  • Initial petitions maybe approved for upto three years subject to the validity of the LCA;
  • Extensions maybe granted for upto three years at a time subject to LCA validity;
  • The total allowable stay for the alien on H1B status may not exceed six years without an intervening residence abroad of one continuous year except that successive one-year increments. Beyond six years may be obtained in certain cases;

Procedure :

There are three steps in the H1B process :

  • Determine the prevailing and actual wage;
  • File the Labor Condition Application (LCA) with the Department of Labor (DOL) and receive the DOL’s certification; and
  • File I-129 petition with H supplements, filing fee, supporting documents and the DOL certification with the USCIS service center having jurisdiction over the place where the alien will work.