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H-1B Petitions

The H-1B classification allows foreign nationals to come to the United States and engage in "specialty occupations". In order to qualify, the foreign national should possess a bachelor's degree or higher degree in the field of intended employment. "Specialty occupation" is defined as a position which requires theoretical and practical application of a body of specialized knowledge and a bachelor's degree or higher degree (or its equivalent) for entry into the field.

The annual quota for H-1B visas is 65,000. The H-1B petitions filed by educational institutions and certain non-profit research organizations are not subject to the annual cap. The exempt organizations are not required to pay the normal processing fee for the petitions.

The H-1B non-immigrants may be admitted for a period of upto three years at a time and can be extended for another three more years. Under certain circumstances, the H-1B status may be extended beyond six years.

H-1B to H-1B (Change of Employer)
H-1B non-immigrants may change employers upon the filing of a new petition by the prospective employer as long as the H-1B holder is lawfully admitted and has not engaged in employment without authorization.

H-1B non-immigrants may also change employer, if an application for permanent residency has been pending for the H-1B holder for more than 180 days, provided the new job is in the same or similar occupational classification; under the provision of "portability".

We can provide assistance to both the employer (petitioner) and prospective employee (beneficiary) regarding the position; H1B documentation requirements; or relevant legal issues. We can submit the H-1B petition to the USCIS; and file the H-4 applications for dependant family member/s, if required.

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