What is an H1B?
What is the annual quota on H1B visas?
Which occupations are covered under H1B?
What is the procedure to follow when applying for an H1B?
How long can one be in H1B status?
Are there any restrictions on who an H1B holder may work for?
Can an H1B visa holder travel outside the United States?
Can an H1B holder apply for a Green Card?
I am on H1B. Am I subject to the H1B quota?

The H-1B category is an expedient and lawful method to bring foreign -born professionals temporarily to the United States, and therefore one of the most widely sought after visa classifications for employment in the United States.

The Maximum 65,000 H1B non-immigrant visas are issued per year. However, 6800 out of these are reserved for Chile and Singapore under certain Free Trade Agreements between these countries and United States.

H1B Visas are only issued to professionals for certain specialty occupations. "A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent." For example, architecture, engineering, mathematics, physical sciences, social sciences, software development, etc.

H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee of $130. Based on the USCIS petition approval, one may then apply for the H1B visa.

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

1. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
2. 365 days or more have passed since the filing of an EB immigrant petition.

An H1B holder may only work for the sponsoring U.S. employer and only in the activities described in the filed petition. The H1B holder may work for more than one employer but must have a Form I-129 petition approved by each employer.

Yes. An H-1B visa allows an alien holding that status to reenter the U.S. during the validity period of the visa and approved petition.

Yes. An H1B holder can be the beneficiary of an immigrant visa petition without affecting their H1B visa status.

No. Typically, if you are in H1B status and have been counted against the H1B quota already, you are not subject to the H1B quota. Individuals who have only held H1B status with cap-exempt employers, like universities or non-profits associated with institutions of higher education are not deemed to already have been counted against the H1B quota. An individual who has not been counted against the cap should consult with an experienced immigration attorney regarding possible strategies.