How to get H1B Visa from India?
By support@click2visas.com
3 years
The H1-B Visa is a nonimmigrant visa that allows U.S. firms to hire foreign nationals in specialty occupations for a set amount of time in the United States. The Immigration and Nationality Act requires people seeking work outside the United States to hold an H1-B Visa.
Criteria for H1B Visa Eligibility
You must meet the following requirements to receive an H1-B Visa:
- You must need a 12 years work experience. It can also be a combination of formal education and job experience.
- A bachelor’s degree or its equivalent is required from the applicant.
- U.S. Citizenship and Immigration Services will decide if your job qualifies as a specialized occupation and whether you are qualified to conduct the work.
- The employer should register a labor condition with the Department of Labor regarding the terms and conditions of your employment contract.
- You must show that you are capable of working in a specialty occupation.
- You intend to come to the United States to work, pursue a hobby, give free advice, or provide any humanitarian service.
Obtaining an H1-B Visa
Individuals are not permitted to apply for the H1-B Visa, which needs sponsorship from a U.S. company. The filing period for H1-B visas begins on April 1st and will last until the quota is filled. Every year, the H1-B sponsors and employers vary. H1-B visas are dual-purpose visas that allow you to get permanent status.
The premium processing option allows H1-B visas to be filled and issued in 15 days for a charge of $1,225. At any moment, the H1B visa can be transferred to a new H1B sponsor company.
Employers can apply for an H1B visa in one of the following ways:
The ICERT website has a form ETA-9035: Labor Condition Attestation. The company promises the DOL to pay the employee a fair wage and provide the same benefits as a U.S. citizen.
Form I-129: The petition for a Nonimmigrant Worker is filed with the H Supplement and supporting documentation, including a proven LCA. The USCIS Regional Service Center has jurisdiction over the anticipated employment city. When the application is approved, the employer receives a notification or approval Form I-797, with a copy sent to the American Consulate.
Documents Required for H1B Visa Applications
The following documents are necessary for H1B visa applicants who are based outside of the United States:
- Passport
- Approval of the Labor Certificate
- Appointment letter from your employer.
- The company’s tax returns paper
- Copy of the letter addressed to the Justice Department.
- A copy of the letter delivered to the Indian Consulate’s Consular General
- A copy of your degrees’ official evaluation
- Certificate of P.G.
- Certificates of Appointment and Relieving from the prior companies where you worked.
- Dates of previous H1-B status stay in the United States.
- In a few words, define the job description and responsibilities with the sponsoring U.S. company.
- A copy of your current U.S. driver’s license or a temporary driver’s license
- A copy of your resume with certificates to back it up
- Two demand drafts, with a processing cost of $45 and an issue fee of $100.
- 2 to 3 colored passport photos
- If you are applying for an H-4 visa for dependent family members, you must submit copies of the children’s birth certificates and a copy of the marriage certificate.
If you are seeking H1-B status while existing in the United States, you must submit the following documents:
- A copy of your current passport’s biographic and Visa pages
- Current address in the United States
- Address in a foreign country
- Phone numbers during the day and evening
- Address e-mail
- A copy of the I-94 card
- A copy of previous H1-B approval notices
- Dates of the previous stay in the United States while on H1-B visas.
- A current resume with work experience
- A photocopy of a university or college diploma
- A copy of the certification review
- Your position with the sponsoring U.S. firm
- A detailed description of your responsibilities and responsibilities
- If your occupation requires it, a copy of your current license is necessary.
- The number assigned by the Social Security Administration.
- Copy of a recent W2
- Copy of a recent pay stub
H1B Visa Photo Requirements
If you want to apply for an H1B visa, you must submit a digital photograph. Your images must meet certain requirements. If you get the photo taken in a studio, tell them you need it for U.S. visas.
Requirements:
Acquisition – You can create an image file with a digital camera or scan a paper photo with your scanner.
Dimensions — The image’s pixel dimension should be square. The photo’s height and width must be the same. For the photo to be accepted, it must have a minimum resolution of 600 × 600 pixels.
Color — The image must be in SRGB color mode. This is the standard output for most digital cameras.
Format of the file — File must be in JPEG format.
Photo file size – The photo file must be 240 kb or less in size.
Compression – To get the desired size, the image may require compression.
Requirements for Scanning:
Printing size – If the image is scanned from a paper photograph, the photo must be at least 2 inches by 2 inches square.
Resolution – The printed photos must have a sampling frequency of 300 pixels per inch.
Requirements for Composition:
- The frontal perspective of your image must include the entire face, shoulders, and neck. Your face should be neutral and non-smiling. You must open your eyes and stare squarely at the camera.
- The head should never be inclined to one side or the other. It should be in the middle of the frame at all times.
- The photo’s background must be bright in color. In the image, there should be no distracting shadows.
- The face should be kept in sharp focus. The image cannot be sharpened.
- There must be no overexposure or underexposure in the photograph.
How to Make an H1B Visa Appointment:
- The visa interview is for anyone who wants to apply for an H1B visa to work in the United States of America.
- You can schedule a Visa interview online through the U.S. Visa appointment system.
- If you wait until the last minute to schedule an interview, you may not be able to acquire your desired time and day.
- Before you schedule an appointment, figure out which consulate you need to apply to.
- Find the list of consulates of the United States of America in India.
- Make an appointment for the first available interview date.
- Check the visa wait times at all U.S. consulates.
H1B Visa Expiration
The H1B nonimmigrant is allowed to stay in the United States for a maximum of three years. This duration can be extended, but it cannot exceed six years. The American Competitiveness in the Twenty-First Century Act allows you to prolong your stay. There is also a limited extension for people who have petitioned for permanent residency pending. You must, however, depart the country for a year if your H1-B Visa is not extended before the end of the sixth year.
For foreign nationals working on Defense Department projects, the H1-B status can be extended for up to ten years.
You can bring your dependents with you on the H1B visa. The H4 Visa is valid for your wife and unmarried children under the age of 21 for as long as your H1-B Visa is valid. They are not allowed to work, but they are permitted to attend school in the United States. The B1 Visa also allows for the hiring of servants.
H1B Visa Advantages
The following are the advantages of the H1-B Visa:
- An individual can have an unlimited number of H1-B Visas over his or her lifetime.
- H1-B visa holders and their families can apply for a Green Card or Lawful Permanent Residency.
- If an employer terminates an H1B holder before the end of the allowed employment time, the company must pay for the H1B holder’s transportation back to his or her home country at a fair cost.
- The H1-B holder must reapply for a new visa whenever he or she changes jobs. However, this does not imply that you will be granted another six-year permit. Those who convert their H4 Visa to H1-B status, on the other hand, will receive a 6-year permit from the moment their status is changed to H1B status.
H1B Visa Restrictions
The H1-B Visa has the following restrictions:
- The stay is only for a short time. The H1-B holder can apply for Lawful Permanent Residency, but if the petition is denied, the H1-B holder will be required to return to his or her home country at the end of the six years of approved employment.
- There is an annual awarding cap on the number of H1-B visas. The H1-B cap for a fiscal year is 65,000. However, the quota applies only to new H1-B applications, not to extensions or changes of employer.
How can I transfer my H1B visa to a new company?
You can request to have your H1-B Visa transferred to another employer. However, you must have legal employment in the United States. You must also have current pay stubs and W2 forms from the previous two years.
If you don’t have current pay stubs, you’ll have to explain to USCIS why you don’t have them. It could be the result of unpaid vacation time or extended sick leave. It is necessary to produce a letter of consent for the same. Even if you have a valid H1-B Visa or an I-94 card, you will lose your H1-B status if you lose your employment.
How do I check the status of my H1B visa without a receipt number?
According to the legislation, you must be paid by the employer from the first day of your job in the United States. Unless you have taken an unpaid absence or sick leave, you will not be able to live in the nation without pay. Your status will remain legitimate and lawful, but you must find another employment as soon as possible. If you are unable to find work, you should consider leaving the country.
You can file a complaint with the nearest USCIS office or the Department of Labor if your employer refuses to pay your salary.
