15 March 2010

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India - Know 32 Important Factors Regarding H1B Visa

India - Know 32 Important Factors Regarding H1B Visa

Reality Views by sm -

Every year on October 1, [USCIS] US Citizenship and Immigration Services set aside certain number of H-1B visas for the coming 12 months.

 From April 1, US Citizenship and Immigration Services (USCIS) will start accepting applications for 65,000 H-1B visas for the year 2011. Applications for the upcoming Financial Year are accepted beginning on the preceding April 1 (or the first working day after that date).


The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a) (15) (H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations.


This means from October 1, 2009 to September 30, 2010 the quota for H-1B is 65,000 and additionally there be a separate quota 20,000 for US master degree holders or highly studied, this takes the total H-1B visa quota to 85000.


The current annual cap on the H-1B is 65,000


H-1B visa programme is aimed to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field.


The person applying for H-1B visa must possess a degree equivalent to US bachelor's degree.


Three years of specialized experience is considered equal to one year of college education.


H-1B occupations include architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology and arts.


The H-1B Visa is applied only by employer on behalf of an employee.


To apply for H-1B visa, one requires a sponsoring US employer.


The employer needs to file a Labor Condition Application (LCA) with the US Department of Labor (DOL). This application must state the position and salary while hiring a foreign worker. Other details related to wage, working conditions, labor conditions needs to be stated.


Once the application gets approved, the employer needs to submit an I-129 Petition for non-immigrant worker, along with related forms and supporting documents to USCIS.


These forms primarily justify that job for which the foreign worker is hired is a "specialty occupation" and requires a highly specialized knowledge


H-1B visa holders can bring their immediate family members (spouse and children under 21) to US under the H4 Visa category as dependents.


H-1B visa holders' spouse coming on H-4 (dependent visa) cannot work in the country.


An H4 Visa holder can remain in US as long as the H-1B visa holder's status remains legal.


An H4 visa holder, however, can attend school, obtain a driver's license and open a bank account.


H-1B visas are valid for a fixed period of 3 years and may be extended to 6 years under certain circumstances.


After 6 years, the visa holder must leave the country and spend one year outside the US. After a year, the person can return with a fresh H-1B visa.


H-1B employees during there 6-year stay are allowed to try and get the permanent residence status (Green Card).


 Once an H-1B visa holder is fired or laid off or the position terminated his/her H-1B status ends there and then. This means that the employee must leave the US or obtain any other status to stay within the country.


In this type of cases for a change of status the person can apply for the B-2 Tourist Visa. This will let the worker to remain in status in the US as a visitor.


In case the job is terminated before the approved stay, the employer of the H-1B visa holder is responsible for paying for the worker's return transportation to his/her foreign residence.


H-1B visa holders are taxed as 'resident aliens', which means that they are taxed on income both from inside, and outside the US. H-1B employees categorized as 'non resident aliens' are taxed on income from the US only.


Company wanting to hire an H-1B visa holder needs to file a petition with the USCIS to transfer the H-1B visa to their company.


Persons who are in their first year within the US may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This "First Year Choice" is described in IRS Publication 519 and can only be made once in a person's lifetime.


A spouse, regardless of visa status, must have a valid ITIN or Social Security Number in order to be included on a joint tax return with the H-1B holder.


Recent H-1B legislation requires certain employers, called H-1B dependent employers to advertise positions in the USA before petitioning to employ H-1B workers for those positions.


H-1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor.


Many times H-1B workers are paid significantly less than U.S. workers. But majority times that pay is also many times more than India or any third world country.


H1B employees have to pay Social Security and Medicare taxes as part of their payroll. They are eligible to receive Social Security benefits provided they have paid Social Security benefits for at least 10 years. Further, the US has bilateral agreements with several countries to ensure that the time paid into the US Social Security system, even if it is less than 10 years, is taken into account in the foreign country's comparable system and vice versa.

Below is the sample copy of F1 and H1B Visa – On Majority sites F1 VISA sample copy is shown as the H1B visa copy. This is reason here i have also put the F1 visa photo as the H1B visa.
If you know the site where i can get the original H1B visa photo,sample let me know so i can put that photo sample here.


Anwin March 15, 2010  

Your blog is collecting a lot of information now. Good to know.

Shabnam Sultan March 16, 2010  

Thanks, for your detail post on H1B visa.

sm,  March 16, 2010  


sm,  March 16, 2010  

Shabnam Sultan,

Anonymous,  March 16, 2010  

The sample visa is not H1... Its an F1 visa !!

sm,  March 16, 2010  

Yes F1 visa is a student visa
and all the sites this F1 VISA sample is shown as H1B visa.
Still i will try to find the H1B written copy and post it.
Thanks for adding the information.

Admin March 18, 2010  

This really is very useful and informative post. lots of new things known..Keep up the excellent work.

sm March 20, 2010  


Anonymous,  April 24, 2010  

India is diluting American wages, eventually our country will be as indigent as yours. Thank you assholes!

sm,  April 24, 2010  

Thanks for comment and showing your anger.
This is the problem of Your law system and Your politicians ,go tell them ban the outsourcing of Jobs outside USA.