H1B

H-1B and E-3 Visa

Who is an H-1B Cap-exempt employer?

Certain employers such as institutions of higher education, non-profit research organizations or governmental research organizations are H-1B cap-exempt employers, don’t have to go through the H1b lottery process and can sponsor you for an h1b visa at any time.

Khadija DerrickDecember 27, 2023

H-1B and E-3 Visa

Can I get an H1B visa for a part-time job? Can I work for multiple employers while I am on an H1B visa?

Yes, it is possible to get an H1B visa for a part-time job, and it is also possible to work for multiple H1B employers .

Khadija DerrickOctober 13, 2023

H-1B and E-3 Visa

I have previously worked on an H1B visa, then left the United States. If I have a new job offer, do I need to go through the H1B “cap lottery” again?

Even if you have left the United States after your first H1B employment has terminated, you are exempt from going through the H1B “cap lottery” again if you have a new job offer within the first 6 years of being…

Khadija DerrickOctober 9, 2023

E-2 Visa

My children will be aging out of the E-1/E-2 visa. What options do they have?

If your children will be aging out of the E2 dependent visa, they can apply for another non immigrant visa such as for example the F-1 Student visa.

Khadija DerrickOctober 4, 2023

H-1B and E-3 Visa

Can I extend my H1B status beyond 6 years if my EB-2 NIW petition is approved?

Yes, you can extend your H1B status beyond the 6 years limit if you have an approved I-140 EB2 NIW petition and your priority date is not current.

Khadija DerrickOctober 3, 2023

A team of skilled professionals gathered around a table

H-1B and E-3 Visa

Do I need to file an amended H1B to move from full-time to part-time?

Changing from full-time to part-time is considered a material change and the employer will need to file an amended H1B petition with a new LCA.

Khadija DerrickAugust 11, 2023

H-1B and E-3 Visa

Can I work remotely from my home on an H1B visa?

Yes, you can set a home office as an H1B worksite, but care must be taken to comply with LCA (Labor Certification Application) requirements.

Khadija DerrickAugust 10, 2023

H-1B and E-3 Visa

If my H1B transfer petition is denied, do I have a 60-day grace period to find a new employer?

The 60-day grace period is given only once per authorized validity period. If you apply for an H1B transfer during your grace period and this petition is denied, you may not get a second 60-day grace period after the denial.

Khadija DerrickJuly 21, 2023

H-1B and E-3 Visa

Can USCIS revoke an H1B petition that is already approved?

Yes, an H1B petition is automatically revoked in certain situations, and in other cases, USCIS may issue a notice of intent to revoke (USCIS) for grounds including a petitioner’s noncompliance with H visa requirements.

Khadija DerrickJuly 20, 2023

A woman sitting on a hill overlooking a travel destination

H-1B and E-3 Visa Immigration

OPT to Cap-Gap to H1B– Can you travel internationally?

Changing your status does not automatically give you a new visa. It is important to understand the consequences of change-of-status applications on the ability to travel internationally and at what point you will need to apply for a new visa…

Khadija DerrickDecember 5, 2022

H-1B and E-3 Visa Immigration

H-1B Visa: Things a U.S. Employer Needs to Know

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…

Khadija DerrickMarch 12, 2021

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H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

Jenny ZhanMarch 5, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

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H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

Image courtesy of Nguyen Hung Vu on Flickr (labeled for reuse) https://www.flickr.com/photos/vuhung/14565350736

H-1B and E-3 Visa

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Jenny ZhanFebruary 19, 2021

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H-1B and E-3 Visa Immigration

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

H-1B Registration 2021: Question and Answers

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

Does the H-1B worker have to be a W-2 employee?

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

What are the H-1B filing fees? How much does it cost to file an H-1B petition?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations . This visa category requires that the foreign worker have at least a Bachelor’s degree (or progressive experience), and the U.S. employer can…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa Immigration

What is an H-1B Public Access File? Questions and Answers

What is a Public Access File? H-1B visa is a highly regulated visa and an H-1B employer has a lot of obligations he/she has to comply with. One of such obligations is to keep a Public Access File (“PAF”). This…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa

H-1B visa: Questions and Answers

Jenny ZhanFebruary 8, 2021

H-1B and E-3 Visa Immigration

FY H-1B Cap Registration Starts March 9!

The initial registration period for the FY2022 H-1B cap will open at noon Eastern Standard Time on March 9 and run through noon EST on March 25. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 5, 2021

H-1B and E-3 Visa Immigration

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

Jenny ZhanJanuary 28, 2021

Who is an H-1B Cap-exempt employer?

Can I get an H1B visa for a part-time job? Can I work for multiple employers while I am on an H1B visa?

I have previously worked on an H1B visa, then left the United States. If I have a new job offer, do I need to go through the H1B “cap lottery” again?

My children will be aging out of the E-1/E-2 visa. What options do they have?

Can I extend my H1B status beyond 6 years if my EB-2 NIW petition is approved?

Do I need to file an amended H1B to move from full-time to part-time?

Can I work remotely from my home on an H1B visa?

If my H1B transfer petition is denied, do I have a 60-day grace period to find a new employer?

Can USCIS revoke an H1B petition that is already approved?

OPT to Cap-Gap to H1B– Can you travel internationally?

H-1B registration: Do I have to set up an account on MyUSCIS?

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

Timeline for the Upcoming FY 2022 H-1B Cap Season

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

H-1B Registration 2021: Question and Answers

Does the H-1B worker have to be a W-2 employee?

What are the H-1B filing fees? How much does it cost to file an H-1B petition?

What is an H-1B Public Access File? Questions and Answers

H-1B visa: Questions and Answers

FY H-1B Cap Registration Starts March 9!

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

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