Migration Overseas

USA is the dream destination for most of the people who wants to make their future abroad. This visa is valid for specialty occupation such as IT Programming, ERP implementation, Accounting, Health care professionals etc.

Though this visas are available for any body in specialized filed mentioned above, however most of the visas are granted in the field of Information Technology.

This visa is for those who is having education equivalent to USA Bachelor degree and above. Validity of this visa is initially 3 years and it can be further renewable for another 3 years and 1 more year in exceptional circumstances.

The current quota for H1B visa is 65,000 per annum and additional 20000 visas are issued for those who have completed their Masters Degree from USA.

This visa is not available through out the year. The filing of the application commences from 1st April every until quote is completed. It has been observed that the quote of 65000 visas available in this is over in few working days from commencement of the filing date i.e. 1st April..The visa is valid from October of every year.

H1B visa can be sponsored by a US employer for an intending employee overseas or in the US on another valid visa and valid. The current market for IT is growing and there is a shortage of skilled professionals. Even the healthcare market is growing adding to the demand for the small 65,000 quota.

H1B visa holders can take their spouse and children below 21 years with them on H4 visa. H4 visa holders cannot work legally in the US. H1B visa holders cannot take their parents on H4 visas.

After filing of a H1B petition, it takes minimum 2 weeks to get a file number. A person can track the status on line with the file number. To process a H1B petition it normally takes 8-10 weeks under normal processing and 2 weeks under premium processing.

If the USCIS officer requires more information from the company or the candidate will send a RFE asking for more documentation or clarification. This process delays the petition for another 8-10 weeks. Or at least 4-6 weeks more from the date the additional information is received by them.

Its s job visa so there is a dual intent. At the consulate we need not prove family or other ties to convince that we will come back as in case of a B1 or other non-immigrant visas.

An H1B holder can upgrade his visa to a green card provided his employer is willing to sponsor him. An H1B visa holder can work only for the company who sponsored his visa. If a person wants to work for another company either that company can apply for the transfer of his visa or take the person on contract from the original sponsoring company. The later way of functioning is prevalent especially in the IT industry and is also known as contract staffing or Corp to Corp. In this way the person continues to remain as an employee of the original sponsoring company and continues to get his salary on a W2 (similar to form 16 in India) basis. The company, where the person actually works, pays the original sponsoring company in full without deducting any taxes. The taxes are deducted by the employer (original sponsoring company) and the employee gets a net payment after the taxes.