The SARDAR LAW FIRM offers strategic representation to individual and corporate clients in regards to H-1B Visas. Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Employer Requirements:

• The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
• There are criteria for wages offered and the actual job performed
• No U.S. citizen or resident must be available for the job
• The petition must be submitted by the company (not the employee)

Employee Requirements:

• A Bachelor degree
• Specialized skill
• Speak and read English

H-1B Visa restrictions and limits:

• 65,000 visas are issued every year
• Over 130,000 applications were received during 2008
• H-1B visas are issued for a maximum of 6 years

Quota Exceptions

Exceptions to the H1B quota include:

(1)   Employment at a university, affiliated non-profit entity, non-profit research organizations, or government research organization;

(2)   Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

(3)   Physicians who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement;

(4)   Extensions of stay for those already on H1B status;

(5)   H1B amendments with the same employer which are not requesting an extension of stay;

(6)   Change of employers by a person already on H1B status; and

(7)   Persons already engaging in H1B employment who are applying to work concurrently/simultaneously for an additional employer while maintaining their current employment.

Critical Aspect of Application is Timing

If the H1B quota is full, the applicant must wait for the next fiscal year to file the H1B which begins on October 1 of every year.  However, the Immigration Department allows fling as early as April 1 of that same year.  If filing for a change of status in the United States, you MUST maintain your status until October 1 (not April 1) to be eligible for a change of status. There may be exceptions for students. Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Changing Employers

• AC21 Provision:  this “portability” provision allows H-1B workers to begin working for a new employer as soon as the new employer files an H-1B petition for the worker.  In the past, the worker had to wait for the petition and not on the ultimate approval.

Status of Spouse and Minor Children
A spouse or unmarried child of an H-1B visa holder is entitled to an H-4 visa, and the same length of stay as the principal. The spouse and dependent minor children cannot accept employment, but can attend school in the United States.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.