» H-1B

I was laid off by my employer. Can I stay in the U.S.?

If you are working in the U.S. with an H-1B visa, you have up to 60 days or until your I-94 expires (whichever comes first) to find a new sponsor for a change of employer, apply for a change of status, or leave the U.S.   

Can my H-1B status be extended beyond the six year limit?

Extensions are possible if an employer files a PERM case or an I-140 petition on your behalf at least one year before you reach the six-year limit in H-1B status. Thereafter, your H-1B status may be extended in one-year increments. Once you have an approved I-140 petition, your H-1B status may be extended in three-year increments until your priority date is current.

Can I change employers if I have an H-1B?

The new employer must file an H-1B petition on your behalf. You may legally work for the new employer upon filing of the H-1B petition.

Can I file an H-1B visa for myself?

No, a U.S. employer must file an H-1B petition on your behalf.

What could be considered a “specialty occupation” that qualifies for an H-1B visa?

A "specialty occupation" qualifying for an H-1B visa is any job that requires the “theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” The position must require a bachelor’s degree or higher in a specific field and the beneficiary must have the required degree.

Sheila Starkey Hahn

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Ms. Starkey Hahn has devoted her entire legal career to the practice of immigration law. She has helped thousands of satisfied individuals and companies achieve their immigration goals by providing trustworthy and effective legal advice. Ms. Starkey…

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