H-1B workers can pursue permanent residence without giving up H-1B status. The common employment-based Green Card path involves PERM labor certification, Form I-140, waiting for the priority date to become eligible and filing Form I-485 for permanent residence. Can an H-1B worker apply for a Green Card? Yes. H-1B permits dual intent, meaning a worker can pursue lawful permanent

  Cap-exempt H-1B jobs can allow qualifying workers to avoid the annual H-1B lottery when employed by certain universities, affiliated nonprofits, nonprofit research organizations or governmental research organizations. This guide explains eligibility and employer changes. What does cap-exempt H-1B mean? Most new cap-subject H-1B cases fall under annual limits of 65,

H-1B visa stamping in India requires a DS-160, visa application fee, appointment and supporting documents. Most H-1B applicants now generally require an in-person interview. This guide explains the process, documents, current interview rules and possible 221(g) processing. How H-1B visa stamping in India works H-1B workers who need a new visa stamp generally begin by completing Form DS-

H-1B workers can travel to India, but returning to the US generally requires a valid passport, H-1B visa and approved petition. This guide explains re-entry documents, expired visa situations, I-94 checks and what workers should verify before traveling. H-1B travel to India is generally permitted H-1B workers can generally leave the United States for a trip to India and seek re-entry while thei

H-1B workers can bring a spouse and unmarried children under 21 to the US in H-4 status, but parents do not qualify as H-4 dependents. This guide explains H-4 eligibility, children's schooling, the age-21 limit and the separate visa options parents must use. Which family members qualify for H-4 status? An H-1B worker's spouse and unmarried children under age 21 can generally accompany or

Certain spouses of H-1B workers can obtain H-4 work authorization in the US, but H-4 status alone does not permit employment. Eligibility generally depends on the H-1B spouse having an approved I-140 or qualifying for an H-1B extension under AC21. Who qualifies for H-4 work authorization? An H-4 spouse is not automatically authorized to work simply because their husband or wife

  H-1B workers can work for more than one US employer, but they cannot simply take an unrestricted second job. Each employer generally must file its own H-1B petition and Labor Condition Application. This guide explains concurrent employment and job changes. How concurrent H-1B employment works An H-1B worker can legally work for more than one US emp

H-1B workers who lose a US job may qualify for an up-to-60-day grace period to take immigration action. This guide explains the current rule, changing employers, changing status, employer obligations and a new DHS proposal that could eliminate the grace period. How the H-1B grace period works When H-1B employment ends, either voluntarily or involuntarily, federal regulations currently allow an

H-1B workers can generally receive extensions within a six-year maximum, while some qualify for additional time through AC21 or recaptured time abroad. This guide explains Form I-129 extensions, continued work while a case is pending and the major exceptions to the six-year limit. How the H-1B extension process works H-1B status is generally granted for periods of up to three years. An employer

    An H-1B worker can change US employers when the new company follows the required petition process. This guide explains H-1B transfer rules, the LCA and Form I-129 process, portability, when work can begin and when another H-1B lottery may or may not be required. How the H-1B transfer process works An H-1B “transfer” is commonly used

H-1B visa eligibility depends on more than holding a degree. The US job must qualify as a specialty occupation, the worker must have appropriate education, training or equivalent experience, and a qualifying employer must offer a bona fide position and file the petition. The job must qualify as an H-1B specialty occupation Most H-1B workers qualify through a specialty occupation