H-1B

If you want us to process your H-1B case, please provide us the information requested as per questionnaire.

The H-1B visa is for professionals who are coming to work in the U.S. in a specialty occupation with at least a Bachelor’s degree or higher. The worker may also qualify for such specialty occupation based on equivalency to a Bachelor’s degree, determined by a combination of experience and/or education in a specific field of study related to the job offered. The visa allows individuals who are offered a position with a U.S. employer to work for that employer as long as the position is in their field of study. Typical H-1B occupations include Computer Programmers, Systems Analysts, Architects, Engineers, Doctors, Accountants and College Professors. H-1B visa is initially valid for three years. The maximum number of years an individual may remain in the U.S. with the H-1B status is six years. If a labor certification has been pending for more than 365 days, petitioner can request extensions beyond the six year period.

The petition for Nonimmigrant Worker, Form I-129, Supplement H, Form I-129 DC, and certified form ETA 9035 received from the Department of Labor must be submitted to the USCIS at the address indicated for the location of job, along with the requisite fees payable to the Department of Homeland Security. The employer must demonstrate that the position requires a person in a “specialty occupation.” This means a position that requires a minimum of a Bachelor’s degree or its equivalent in experience and/or education in a specific field of study related to the job.

The alien employee must maintain lawful status in the United States. To maintain the current H-1B status, the employee must continue to work for the sponsoring employer. However, the H-1B visa holder may change employers if a new employer is willing to file a petition on his or her behalf.

Frequently asked Questions about H-1B

https://www.immigrationlawadvisor.com/h1b_demo2_faq.php

https://www.immigrationlawadvisor.com/h1b_demo_faq.php

Obtaining H-1B Visa

Documents Required for H-1B Visa Stamping at a Foreign Consulate:

Upon approval of an H-1B petition filed in the United States by a US employer, the employee/H-1B applicant needs to obtain several original approval documents. The employee needs to prepare a set of documents to be taken for an interview at the US consulate in employee’s home country. Following is a list of required documents for H-1B visa stamping purpose.

Please Note: Supporting documents may vary depending on which US consulate you are appearing for the visa interview:

1. A valid original passport. You are recommended to have a passport valid for at least six months after your interview date.
2. All old passports.
3. Photographs as per specification.
4. US Visa Application Form DS-160 confirmation page stamped at the Visa Application Center (VAC).
5. US Visa Application Fee payment receipt.
6. Visa Interview appointment letter.
7. Original Notice of Action-I797.
8. Letters verifying your employment history and specific work skills.
9. Original degree certificates along with mark sheets.
10. Relevant diplomas or certificates, e.g. computer certification.
11. If currently working on an H-1B visa, you may want to carry your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all the years in which you have been employed in the United States.
12. Dependents need to submit a copy of the principal applicant's Petition (Form I – 797 and Form I -129 as applicable) and visa copy.
13. Visa renewal applicants will have to submit a copy of the previous expired US visa stamped on their passport.
14. Resume or CV.

Spouse/Dependent Children

1. A copy of interview appointment letter.
2. DS-160 Confirmation Barcode printout US visa application fee receipt.
3. The original Notice of Action Form I-797 of the Principal Applicant.
4. Photocopy of the Principal Applicant's valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).

Sample Questions for H-1B interview at a Foreign Consulate

The following are some sample questions that may be asked at an H-1B visa interview. These questions are compiled from experience in this field. Since each case is different, expect some variation in these questions during your interview. Please note that these are not an exclusive list of questions but mere reference to prepare for the interview:

Questions about H-1B candidate’s intent:

1. What is the purpose of your trip to the United States?
2. Do you have any family in the United States?
3. Why are you changing your Job?
4. Why do you want to work in the US?
5. Have you applied for visa for any other country?
6. Do you know the cost of living in the U.S. specific to the place where you are going?
7. When are you planning to travel?
8. How will you survive for the first month?
9. Have you been to any other country before?
10. If yes, how long was your stay there?
11. After the conclusion of your visa, what do you plan to do?

Questions about H-1B candidate’s education and experience:

1. Are you a student?
2. Which university is your degree from?
3. What was your thesis about?
4. What is the difference between PL/SQL and SQL?
5. What software do you know? Do you have work experience with these?
6. What courses did you complete in India?
7. Show me your certificates.
8. Show me your educational certificates and experience letters?
9. Tell me about the jobs you have done, and your work experience.
10. What is your highest educational qualification?

Questions about H-1B candidate’s current job and company:

1. How long have you been working?
2. Where are you working currently?
3. What is your current salary?
4. What is your current role in the current company?
5. Is it an Indian company you currently work for?

Questions about the H-IB sponsoring company:

1. What is the company you are going to work for in US?
2. Where are you going to work in the US?
3. Why are you joining [New Company]?
4. How do you know this is a real company?
5. When did you receive your offer letter?
6. What will you be working on there? Is it an internal project?
7. I need a client letter describing your work project.
8. Tell me what do you know about [New Company]?
9. When was the US Company founded?
10. Tell me about the project and the company (client) you will be working for?
11. How did you find out about this company?
12. How did you contact the [New Company]?
13. What is the current project you will be working on?
14. What are your responsibilities and for which client are you going to work for?
15. Do you have any proof from your new employer regarding your responsibilities?
16. Do you have any company photographs?
17. How long has the company been in the current location?
18. How many rounds of interviews has the USA Company conducted?
19. What is the name of your interviewer?
20. Can you give me the dates of your interview?
21. Who are the clients for your U.S. company?
22. What are the technologies you are working on?
23. Who is the President/CEO of the U.S. Company?
24. What kind of projects is the U.S. Company working on?
25. What is the annual turnover of the company?
26. How many employees does the U.S. Company have?
27. What’s your designation in [Previous Company] and what's your designation in the [New Company]?
28. Will you be working from [New Company] office or client's place?
29. Can I see the Employer’s petition to USCIS and the Tax Returns of the Company?
30. What will be your salary in the U.S.?
31. How many rounds of interviews did the U.S. company conduct?
32. What types of interviews did the U.S. company conduct?
33. Can I see your end-client letter and itinerary of services?

Ramesh Khurana H-1 L-1 Perm Immigration Attorney

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