H-1B VISAS
The H-1B category is an expedient and lawful method to bring foreign-born professionals temporarily to the United States, and therefore one of the most widely sought after visa classifications for employment in the United States.
An individual may work in H-1B status for a maximum of six years. However, initial petition will be granted for no more than three years. An extension of stay is requested if an individual is in H-1B status already and he or she is eligible for a longer period of employment. Certain aliens working on Defense Department projects may remain in H1B status for up to 10 years.
A petition may be filed by a job contractor, namely a person or entity that pays its employees for services performed at the work sites of other employers.
Employers can apply for a permanent visa status “green card” for a worker on H-1 Visa. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment- based “green card” processing status.
The advantage of an H1 visa is that you can work legally in the U.S. in non-immigrant status, and get the visa quickly after the petition is approved. You may travel in and out of the U.S. or remain in the U.S. until the visa expires, and an H4 visa is available for accompanying family member (spouse and minor children under 21).
In general, most nonimmigrant visa classifications require that a person maintain a foreign residence abroad and show that he or she is coming to the U.S. temporarily. However, the law allows a person on a H-visa to have “dual intent,” which is arguably the most beneficial aspect of obtaining this visa. Under the dual intent doctrine, a person may come to the U.S. temporarily and lawfully seek permanent residence (for himself/herself and immediate family members, spouse and children under 21) in the United States at the same time, without affecting H1/H4 status. Therefore, the filing of a labor certification or an employment based preference petition will not cause denial of an H-1B petition filed with the USCIS or an application for an H-1B visa at a U.S. Consulate abroad. While a green card application is pending, H1/H4 visa holders can travel in and out of the U.S. using a non-expired H1/H4 visa without need for Advance Parole or EAD. H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.