Can I Sponsor Myself For The H-1B Visa Category?

You cannot sponsor yourself for an H-1B. Even a partial ownership stake in your employer may prevent them from sponsoring you if it is significant enough to interfere with the conventional employer-employee relationship. However, you may qualify for other options, such as an EB-1, EB-2 NIW, EB-5, or O visa, depending on your specific circumstances.

What Is The Difference Between H-1B Status And H-1B Visa?

The actual granting of a visa is done by the Department of State, separate from the H-1B approval process by the Department of Homeland Security, and must be done after your petition has been approved.

What Does “Employer-Specific” Mean?

An H-1B is tied to the employer who filed it. An employee may not work for another employer unless USCIS authorizes a transfer of the visa to that employer, or concurrent employment which requires a separate petition. Each job must separately meet all eligibility requirements.

Can I Work For More Than One Employer?

Yes but each one must file an H-1B petition. For concurrent employment or a transfer of employment you can begin work as soon as the petition is filed.

What Is The Duration Of H-1B Visa Status?

3 years, renewable once. If you have filed an I-140 (the second step of filing for an employment-based green card) before reaching 5 years, the status can be extended while awaiting the green card.

Can I Work On H-1B Status Prior To Approval?

For the initial H-1B, no. For concurrent employment or a transition of employment you can begin working at the new job as soon as the petition is filed.

What Is The Difference Between A LCA And LC?

An LCA is for an H-1B, an LC is for a green card. The eligibility and procedural requirements for each are different.

What Steps Must Be Completed Prior To Filing The H-1B Petition?

The Labor Condition Application (LCA) must be approved.

When Should I Encourage My Employer To File A Cap Subject H-1B Petition?

Registration closes March 25, and it can take quite a bit of time to prepare the petition. Not all of this timeline is controlled by your employer or the attorney, because the LCA takes a week or two to approve. So you should ask your employer about petitioning for you as soon as you become aware that it might be necessary.

My Six Years In H-1B Status Are About To Expire. What Next?

Talk to your employer, or any US citizen/permanent resident family members, about sponsoring you for a green card. If you are sufficiently accomplished in your field you may be able to self-petition. Your options will vary depending on your circumstances.

Can I Bring My Spouse On H-4 Visa Status?

Yes, but it is not included in the H-1B application process, and must be filed separately.

My Employer Merged With Another Employer. Do I Need To File An Amended Petition?

Your employer may need to file an amended petition depending on how the merger was structured. This is a complicated question but the short version is that if the new company assumes all liabilities of the old one, including its immigration liabilities, an amendment is not required. However, a substantial change in job duties would require an amendment.

What Is My Status If I Am In OPT (F-1 status) And The H-1B Quota Is Reached?

Your status is OPT. If you start the H-1B process but are not selected in the lottery, you will not be getting an H-1B.

What If I Violated My Status?

Violations of status may disqualify you from any future visas. It depends on your status at the time, the nature of the violation, the status you are applying for, and your eligibility for any applicable waivers.

Several Employers Have Filed H-1B Petitions For Me. Will This Cause Problems Getting The H-1B Approved?

No. The one caution I would offer is that immigration maintains detailed records of everything submitted to them, so you need to be fully honest in answering all questions on each petition, because they will catch any contradictions.

Can I Travel When My Adjustment Of Status Is Pending?

Generally yes, provided you have complied with all terms of your H-1B status. If you have changed jobs after obtaining the work permit that comes with the adjustment of status application, then you are no longer in valid H-1B status and would need to file for advance parole.

For more information on Sponsor Yourself For The H-1B Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (617) 297-7502 today.