H-1B: Person in Specialty Occupation

This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

The USCIS website has detailed information on Eligibility Criteria, H-1B Electronic Registration, Petition Filing Process, Labor Condition Application, Period of Stay, H-1B Cap, Family of H-1B Visa Holders, Settlement Agreement in H-1B Market Research Analyst Class Action Litigation and Filing Instructions.

To acquire H-1B services from Our Firm please set up a consultation by using the Contact Us Form or visit our H Visa Services and Fee section

H-1B Sample Cases from our files

Success in requesting a National Interest Exception for a client with a valid H-1 visa

In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S. healthcare and public health sector, a critical infrastructure sector. We followed up with the consulate and the visa was approved.

Status: We followed up with the consulate and the visa was approved.

For more sample cases visit this page: Sample Cases

Related Links from the USCIS

Related Links from the US Department of State (DOS)

Comments

Submitted by Mohan Krishna (not verified) on Fri, 11/19/2021 - 03:25 Permalink

Could you please help me with the below 2 queries?

My employer filed H1B initially for the Philadelphia location as it was a base location of my team in US and I got a visa in 2019 and stamped, since then never traveled to US due to covid situation Now my management is offering me a transfer process for the Orlando location but I am currently staying in India, can we apply for LCA while I am still in India and travel to Florida directly?

If we file the amendment, do I need to go for stamping again when i have a valid visa till August 2022.

Please advise me, sir.

Submitted by Rajiv S. Khanna on Wed, 12/01/2021 - 08:20 Permalink In reply to by Mohan Krishna (not verified)

When the relocation is more than the normal commuting distance (appx. 50 miles), the employer is required to file an amendment.  As to its timing, please speak with your lawyers. The visa stamping should not have to be changed.

Submitted by Taran (not verified) on Fri, 06/24/2022 - 07:08 Permalink In reply to by Rajiv S. Khanna

Please reply as I have very less time to make a call.

I have a similar situation, my visa is stamped in 2019 and its valid till August 2022. I have changed my employer in 2020 too. Now, can I go to US with the old stamped Visa and then file for a transfer once I am US ? As this will be my first visit, will I need to provide any payslips to file my H1B transfer. Is it mandatory ?

Regards, Taran

Submitted by Akhilesh Uppal (not verified) on Fri, 12/10/2021 - 07:34 Permalink

My Stem Extension ends in 30 days. My H-1B Registration is selected in 3rd lottery. Can you file my petition working with my company in the next week or two? If not please let me know when can you submit petition and your fee structure. I will share contact info with my employer.

Submitted by Ganesh (not verified) on Wed, 12/15/2021 - 05:44 Permalink

My H1B max out is 04/2021, while PWD process is in progress. i would expect my PWD approval by 12/31/21 and advertisement process would finish by 02/28/2021.

Labor filing would be done by end of march or before 4/15/22 is when i need to leave country. mean while, i would like to join a Day1 CPT for higher studies, i will have masters from college and same time i would continue working. If i join college in Jan-2022, once i receive I-20 from college, can i start working on F1 visa. I believe, my lawyer will file a petition to convert from H1B to F1 before my H1B expired.

As I have 3 months left on H1B, can i start CPT? what are the consequences to come back into H1B. 1. Should i leave country to get visa transfer from H1B to F1? 2. can I start working on receipt if my lawyer file F1B visa petition before my visa expiry? 3. Lets assume, after 1 year, Jan 2023, once I-140 is approved, H1B extension gets approved, what are the complications?

Submitted by Umesh Singh (not verified) on Tue, 01/18/2022 - 03:40 Permalink

Hello Rajiv ji, I am currently on H1B visa. I intent to file couple of patents, I also prefer to register my own (100% owned LLC) and file all my IPs through it. I do not intent to start a business (any monitory or goods transactions) at least next 1 year after registering llc. My question are. 1. In this case I will be working part time on my personal R&D projects (apart from my regular 40 Hrs/week H1B work). Am I be jeopardizing my current H1B by working on R&D and starting a LLC?? 2. If I get necessary investment on my ideas I would still prefer to continue my current H1B job and form a team in USA to operate the business. hope this may not impact my ability to obtain future H1B's? 3. This may not be relevant to you but can I just register a LLC and do not form a team/management and do not perform any business activities. is this acceptable and if yes how long can I continue doing this? (If this is technically doable I can use this time to obtain some IPs for my registered business entity)

Submitted by Rajiv S. Khanna on Tue, 01/18/2022 - 05:59 Permalink

Let me begin by making it clear that the extreme cases both on the upside and the downside in doing business on an H1B visa are easy to spot and plan for. For instance, can you volunteer your time for teaching children, sure. Can you become an independent contractor while on H1B? Absolutely not.

Performing research and development for your own use and on your own time should not be objectionable to anyone.

Forming a corporate entity just to pursue your patents and intellectual property protection also should not be objectionable.

But, forming a team and starting business on the side is definitely problematic. When you come to that point, make sure you seek legal help before making any decisions. Good luck!

 

Submitted by Prabhu (not verified) on Tue, 01/18/2022 - 08:28 Permalink

I came across lot of Indians having YouTube channel and earning money. Can we earn money from YouTube or so, while we hold H1-B or F1 student visa ? could you also comment on doing same with H4 visa ? ( Assuming H4 does not have EAD though I-140 of spouse )

Submitted by Vidhi (not verified) on Tue, 01/18/2022 - 18:47 Permalink

I had this doubt since a long time now, wanted to know if the field in which you pursued your masters and the field in which you are working right now are a bit different from each other, does that cause a problem during H1B and is there a possibility of receiving a RFE in that case. Your response will be highly appreciated.

Submitted by Ajinkya Ambike (not verified) on Sat, 01/29/2022 - 19:38 Permalink

Hello Sir, this may sound a silly question but I just want to confirm beforeI travelling abroad.

I am currently on F1 Visa STEM OPT , and my H1B was picked in the 3rd lottery which happened last year on 11/19/2021. However due to some reasons my employer has refused to file for my H1B petition approval, so I am still on F1 STEM OPT.I just had this question that I am planning to travel to India on F1 Visa STEM OPT for a month or so, so I just want to know if for any reason will I be denied entry by the CBP into USA for not filling the H1B Petition selected in the 3rd lottery?? Just making sure I am safe to travel to India.

Thank you in Advance.

Regards, Ajinkya.

Submitted by Devanshi Dave (not verified) on Sat, 01/29/2022 - 21:41 Permalink

Hi Rajiv, Hope you are doing well! I am really nervous about my h1b. I work at goldman sachs and I have done mba with non stem degree and have only 1 chance to file for my h1b. What are the chances for non stem mba to pick up h1b? And if my h1 is not picked up what other options do I have to stay in usa and still continue to work? Please if you can provide me with some details it will help me a lot and I will be able to sleep in night. Thank you!

Submitted by Madhav (not verified) on Mon, 01/31/2022 - 10:50 Permalink

I have applied for H1B in 2016, it got picked up in the lottery, and it got rejected in the further steps (after responding to RFP by the employer) Now I am hearing rumors that USCIS called out to reprocess the H1B cases of 2016-17 from where it left off (RFE cases). Please help me in clarifying this. Thank you very much in advance

Submitted by Pratima (not verified) on Fri, 02/04/2022 - 05:47 Permalink

Came to the USA in 2017 on L1B, my current visa expiring in may-2022 and currently in USA . I have applied for H1B from another employer in 2021 and name comes in second lottery (in July). Now my H1B petition have been approved(14-Jan) , would like to know, can I join my first company directly without joining the company ,who filed my petition. Also . how soon i have to join the company to be be having with valid status in USA.

Submitted by Rajiv S. Khanna on Tue, 02/08/2022 - 07:35 Permalink In reply to by Pratima (not verified)

If an H1B gets approved past October 1 with a change of status, I think you can obtain an H1B transfer for another company without joining the original petitioner.

Submitted by Kumar Sharma (not verified) on Wed, 03/09/2022 - 17:20 Permalink

My fresh petition was approved from oct 20 - sep 23. I recently get visa for remaining duration. Considering 3 yr Extension possibility. i can stay and work for maximum 4.5 years or all 6 years ? The duration applicable from the date you enter in US ?

Submitted by Rajesh (not verified) on Tue, 03/22/2022 - 04:27 Permalink

I received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.

Hello Sir:

Thank you for the response, appreciate your feedback.

I am having tough time in getting the Non Availability Certificate since the Birth Certificate has been already issued…..they think it cannot be issued.

Are there any other letter with the required details can be gathered from the Municipality Sir.

I highly appreciate your feedback on handling this RFE response and the documents to provide. Would providing the Affidavits from parents and uncle, aunt along with 10th Marks card suffice Sir?

Thank you again for taking the time to respond.

Regards, Rajesh

Submitted by Koteshwara Vemula (not verified) on Thu, 03/24/2022 - 05:37 Permalink

Hi,

I have a valid H-1B Visa till 1- Apr-2022 and stamped and working in a consulting company which has location in India. I came to India on 4-Mar-2021 due to family emergency and because of some issues, I couldnt move back to US. This was reported to my HR, Manager and the client manager but was getting the US salary till Dec 2021. I have been transferred to India from Jan 2022. 1) Will this be an issue in I-485 as I was working from India from 4-Mar-2021 till 31-Dec-2021. 2) What will happen to my tax ?

You will need to check with your accountant about the tax filings. The question of whether the transfer over could impact your green card is difficult to answer here. You may want to either set a consultation with us or join one of our free community conference calls, every other Thursday.

Submitted by Vigneshwar (not verified) on Thu, 03/31/2022 - 15:08 Permalink

Hi Rajiv, I am on OPT, and recently got my name selected in h1b lottery pickup through my employer(company-A). After working for a few months with company A, I am not liking the work what I am doing, so recently I got into company B, given that I got selected in the lottery, can I change my employer before or after the petition.? or should I wait until my h1b is approved and then change to company B or should I wait until my h1b is active(oct-1) in this case my company B may not be able to wait for me. Kindly can you advice which is the right way(so that I don't want to go with lottery one more time as it luck based).?

Submitted by Nirmal Shah (not verified) on Mon, 04/04/2022 - 08:55 Permalink

Hi, I am currently on H1B and plan to form LLC to start a software solutions business of 2 members - 90% my ownership and 10% of a US citizen. I plan to use incfile to form the LLC. My questions which I dint come across when I followed the steps on Incfile (gold plan) to form LLC, 1) I plan to be in the passive role and the US citizen will manage day-to-day? Do I define that in the Operating Agreement and when? 2) Apart from the 2 members (including me) do I need to form board of directors who can hire/fire me even though I plan to be in the passive role? If yes, should this be defined in the Operating agreement and when? 3) For LLC, do I initiate the owner's draw so I and other member get paid the company profits based on % ownership? Does this need to be defined in any document when forming the LLC? Is the tax withheld when the profit is paid or when filing taxes?

Would appreciate any help with this

Submitted by Sai Kumar (not verified) on Fri, 04/08/2022 - 13:06 Permalink

Hi Rajiv sir,

I have valid h1b stamp on my passport, But my employer is not willing to send me to US stating budget issues. Can I request him to support my visa status for 2 months once without crediting salary to my account, I want to make my own travel arrangements to USA and find job there on my own with in two months and start transfer. Is this possible, Can you please guide me ?

Submitted by Indu (not verified) on Wed, 05/04/2022 - 05:36 Permalink

Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.

Submitted by Anisha Benny (not verified) on Thu, 06/02/2022 - 05:37 Permalink

I was selected for cap H1B. I am looking to file for pharmacist position in MD. However, at the moment I do not have a MD state license. I have a PA state license. Will I be able to apply for H1 without the MD state license. I will be able to get the license before October but not by end of June. What other positions can I apply for to get H1 with Pharm D

Submitted by Rajiv S. Khanna on Fri, 06/17/2022 - 07:40 Permalink In reply to by Anisha Benny (not verified)

Currently, if you do not have a license, but it has been applied, the USCIS should approve for a full three years if they send an RFE and the license is approved by that time. Otherwise, they should approve for one year.

Submitted by Anvesh Raju V (not verified) on Wed, 06/08/2022 - 07:01 Permalink

I had a doubt, I got MS in Cybersecurity at the University of North Carolina at Charlotte. I had talked to a few of my seniors and my dad's friends who live in the US regarding the job opportunities, they said that you will be having fewer openings compared to other fields or profiles. So I would like to know if I pursue a Software Developer Role or some role that is not related to Cybersecurity, will it be a problem at the time of the H1-B Visa Interview?

Can you please guide me as i am feeling i am stuck between these issues?

Submitted by Rajiv S. Khanna on Fri, 06/17/2022 - 08:25 Permalink In reply to by Anvesh Raju V (not verified)

The H-1B laws require only that your offered job must require the type of major you graduated with. For example, a major in Computer Science or Information Technology may be a fit for the jobs of a Software Develop, Systems Analyst, DBA, Systems Admin, or a Data Architect.

Submitted by Susithra (not verified) on Wed, 06/08/2022 - 16:22 Permalink

Hi sir,

I came to the US on a H1 in 2007 and since been on and off H1 and H4. I have an approved I140 from a previous employer. I am currently on H4 awaiting EAD via AOS. In this scenario, if I find an employer who is willing to sponsor H1 they will not need to go via the cap quota I hope. Could you please clarify this.

Thanks and appreciate your time.

Submitted by Deepen Patel (not verified) on Thu, 06/16/2022 - 23:01 Permalink

I have an H1-B/ I-140 question for you and your team. Please see below:

I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020.

Questions for your team:

I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ?

If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?

Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US.

Your help and feedback on the above matter will be greatly appreciated. Thanks!

Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?

A. Yes, you can.

Q. If yes, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to the US? What is the porting time frame after coming to the US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?

A. Priority date can be ported for sure if your I-140 stayed approved till at least 17 January 2017, when there was a change in regulations in favor of the employees. Earlier, the situation was uncertain if the employer withdrew the I-140. Under the current regulations, that is not a problem for priority date transfer.

Q. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US?

A. Adjustment of Status (AOS) is not possible. The new employer will have to start the green card all over again, carrying the old priority date.

Hello Sir - Thanks for your feedback on my question earlier. I have additional question on your response. Plz see below.

Q. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US? A. Adjustment of Status (AOS) is not possible. The new employer will have to start the green card all over again, carrying the old priority date.

Q. What is involved in starting the GC process all over again? Need clarification on this since my priority date is already current? Q. What is the timeframe involved in porting my I-140 date to my new H1-B employer? Q. What is the timeframe involved to get my GC in this situation?

Your feedback/ clarification on the above will be greatly appreciated. Thank you!

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