The holder of an H-1B visa can have “dual intent.” Although the H-1B is a non-immigrant visa, the holder can apply for a green card at the same time.
Since the time required to obtain a green card has lengthened in recent years, the H-1B offers a way for individuals to work in the U.S. while seeking to become permanent residents.
How long is an H-1B visa valid?
An H-1B visa is initially issued for three years. However, the visa can be extended for an additional three years. When calculating the remaining time for an H-1B visa, the rules are complex.
The time spent in another country whether for business or vacation is not included and can be “recaptured” extending visa expiration.To know more information on h1b sponsorship requirements visit Orphosys Corp.
If a visa holder, who is in the process of becoming a permanent resident, submits an I-140 immigrant petition before the beginning of their sixth year of holding an H-1B visa, the holder can renew their H-1B visa one year at a time until a decision has been reached on their application for permanent residence.
Since the H-1B visa is for nonimmigrants, at the end of the maximum period for the visa, a foreign worker must either leave the U.S. or obtain a different visa. Failure to leave results in loss of legal status and can lead to deportation.
On November 18, 2016, DHS granted a 60-day grace period to H-1B visa holders who have been working and suddenly find themselves unemployed. Prior to this official grace period, individuals whose employment ended, were required to leave the U.S. immediately.
Can an employer cancel an H-1B visa?
The U.S. Citizenship and Immigration Services can revoke an H-1B visa. While it is not common, it does happen if the sponsoring employer is going out of business or cancels their original request.
After the H-1B visa has been granted, employers can terminate employees but must comply with the terms of any employment agreement and follow federal, state, and local employment law.
Why is the H-1B visa controversial?
The H-1B visa continues to be dogged by controversies.For more details on h1b visa employment agency check Iftr2015hyd
The most common complaints include:
A. S. workers are being replaced by lower-paid H-1B workers.
B. Each year, outsourcing firms get most of the H-1B visas.
C. Companies headquartered outside the U.S are getting more H-1B visas than U.S. firms.
D. Few small firms are able to get H-1B visas.
E. Some H-1B employees are treated unfairly.
F. Some H-1B visa holders lack advertised credentials and associated skills.
G. Some entrepreneurs who started companies while in college may not be allowed to remain in the U.S.