Xie Law Offices, LLC

What is good about an H-1B visa?

If you have not read who can apply for H-1B visa, please click here. Then, what is good about an H-1B visa?

  1. You can have "dual intent" -- either work in the United States temporarily or permanently. The consulate officer will not be picking on your intent.
  2. You will be granted a visa for generally a period of three years, and the visa can be extended in increments up to (in some instances, beyond) six years.
  3. Your spouse and children under twenty-one years old can remain with you as long as your authorized stay period.
  4. Your spouse and children under twenty-one years old are permitted to attend school.
  5. Your spouse and child under twenty-one years old can change to different status.
  6. You are entitled to the prevailing wages from the employer and own property as other residents do.
  7. You can work for multiple employers if you can obtain multiple H-1B visas.
  8. Your employer must pay your return tickets if you are terminated prior to the expiration date of the H-1B visa.

What is not good about H-1B visa?

  1. You cannot start to work for your employer until the new employer filed a new H-1B petition.
  2. You are "chained" to your employer. if you do not like your current employer, you have to find another employer to file another H-1B visa petition for you.
  3. Your spouse and children are not permitted to work on H-4 visa unless they change to different status.

What can your office do for an H-1B petition?

  1. We advise your employer on the requirements and the strategy of petitioning for H-1B status/visa.

  2. We check the prevailing wage for your job title.

  3. We file the Labor Condition Application with the Department of Labor.

  4. We prepare and/or draft all the required paperwork and have your employer sign those he/she is required to sign.

  5. We mail your package to the INS and keep eyes on the status.

  6. We advise your employer (even you) of any new changes in laws, regulations or INS' procedures on H-1B petitions.

  7. We make inquires to the INS about the status of your H-1B petition if we does not receive the result within the normal time frame.

  8. We mail or deliver the approval notice to your employer.

The information contained in these articles are offered only for general informational and educational purposes.  They are not offered and do not constitute legal advice of this law office.  Please consult an immigration attorney for current information that applies to your specific situation.

 



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