H1B Visa
How long can an alien be in H-1B status?
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.
Who can an H-1B alien work for?
H-1B aliens may only work for the petitioning U.S. employer and only in
the H-1B activities described in the petition. The petitioning U.S.
employer may place the H-1B worker on the worksite of another employer if
all applicable
rules (e.g., Department of Labor rules) are followed. H-1B aliens may
work for more than one U.S. employer, but must have a Form I-129 petition
approved
by each employer.
What if the alien's circumstances change?
As long as the alien continues to provide H-1B services for a U.S. employer,
most changes will not mean that an alien is out of status. An alien
may change H-1B employers without affecting status, but the new H-1B employer
must file
a new Form I-129 petition for the alien before he or she begins working
for the new employer. The merger or sale of an H-1B employer's business will
not affect the alien's status in many instances. However, if the change
means
that the alien is working in a capacity other than the specialty occupation
for which they petitioned, it is a status violation.
Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still
in status. An H-1B alien may work in full or part-time employment and
remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity
leave, on strike, or otherwise inactive without affecting his or her
status.
Can an H-1B alien travel outside the U.S. ?
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.
Can an H-1B alien intend to immigrate permanently to the U.S. ?
Yes. An H-1B alien can be the beneficiary of an immigrant visa petition,
apply for adjustment of status, or take other steps toward Lawful Permanent
Resident status without affecting H-1B status. This is known as "dual
intent" and has been recognized in the immigration law since passage
of the Immigration Act of 1990. During the time that the application
for LPR status is pending, an alien may travel on his or her H-1B visa rather
than obtaining advance parole or requesting other advance permission
from
Immigration to return to the U.S.
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