Faqs
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If you are interested in filing H-1B and want to know your qualifications, please complete a brief H-1B Evaluation Questionnaire and email it with your resume to h1b@niwus.com for a fee evaluation. The H- 1B Evaluation Questionnaire can be obtained from Here.
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H-1B cases, like other types of cases, are professionally handled by an experienced attorney in our law firm. At each step of the process, employers and beneficiaries will be contacted and advised by an experienced attorney, NOT a paralegal, law clerk, or legal assistant. For more details, please see the Step by Step H-1B Processing Flowchart.
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Yes, a foreign H-1B worker can work part-time, but the work hours must be specified in the H-1B petition.
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As long as the employer/employee relationship exists in compliance with the H-1B requirements, you are in valid status. Just like other workers, you may be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting your status.
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Yes, you may change status to H-1B even after you filed immigrant petition. Although H-1B is a non- immigrant visa, it allows immigrant intent and an H-1B petition cannot be denied on the immigrant intent basis.
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Unlike other non-immigrant visas such as F and J that do not allow immigrant intent, H-1B visa has dual intent, which among other things, allows filing of immigrant applications without affecting their non- immigrant status.
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According to the H-1B portability rule, you can start to work for the new employer after your new employer properly files the H-1B petition in your behalf. You do not need to wait till the new H-1B approval to change your employment. For more information about H-1B portability, please read our special section on H-1B Portability Issues Related to Change of Employer.
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Yes, H-1B workers may work for more than one U.S. employer, but each employer involved must file an H-1B petition and the petition must be approved.
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Yes, you may change H-1B employers and at the same time keep you H-1B status, but the new H-1B employer must file a new H-1B petition for you properly before you begin working for the new employer.
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You will be able to extend H-1B status in one-year increments beyond the six-year limit if your Labor Certification application (Form ETA-9089) or your employment-based immigrant petition (Form I-140) has been pending for 365 days or more. Therefore, to be eligible for the one-year extension at a time, a Labor Certification application or I-140 petition must be filed before the H-1B reaches the 6th year.
Categories
- Services and Fees
- National Interest Waiver
- Eb-1A Extraordinary Ability
- Eb-1B Outstanding Professor & Researcher
- Eb-1C Multinational Managers & Executives
- PERM Labor Certification
- Schedule A Immigration
- H-1B Temporary Worker
- L-1 Intracompany Transferee
- O-1 Extraordinary Ability
- J-1 Waiver
- Approvals
- Immigration Updates
