How we define H1B Visa and Its basic requirements?

H1B temporary workers are defined as persons who will perform services in specialty occupations on a temporary basis. The Immigration Act of 1990 defines specialty occupation as: "an occupation which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." To qualify as a "specialty occupation" the position must meet the following requirements. All five criteria must be met:

• A bachelor or higher degree (or its equivalent) is normally the minimum requirement for entry into the particular profession.
• The degree requirement is common to the industry.
• The employer must normally require a degree or its equivalent for the position.
• The job duties must be "so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor or higher degree."

The position's level of responsibility and authority must be "commensurate with professional standing." The H1B status can be used to bring temporary faculty members, researchers, consultants, administrators, or individuals engaged in a variety of professional-level activities to the United States.

Qualification to H1B:

To qualify for H1B status, the alien must possess the required degree or its equivalent or possess a certificate or license that permits the alien to immediately practice the profession in the state of intended employment. The H1B is employer specific, the employee may only work for the employer who filed the H1B petition and can only perform the job included in the petition. (Concurrent employment is possible, if each employer has an approved H1B petition.)

Supporting Documents:

For New H1-B petition the following documents are required

1. Resume
2. Photocopy of Master’s transcripts and certificate - if any
3. Photocopy of Bachelor’s transcripts and certificate
4. Photocopy of 12th / intermediate marks sheet
5. Photocopy of 10th std marks sheet
6. Photocopy of experience letters
7. Photocopy of entire passport including the blank pages
8. Photocopy of any computer certified courses – if any
9. Two passport photos

If married:

1. Photocopy of spouse’s passport
2. Family information - names of children age and date of birth information.

Transferring Employers:

Due to the new portability provisions of Public Law 106-313 (Title I), Section 105, it is possible to "transfer" H1B status to another employer based on the timely filing of a petition for new employment by that sponsoring employer. Upon receipt by that employer of the "receipt notice" from USCIS, which indicates that USCIS has received the petition and the date on which it was received, the beneficiary is eligible for employment with the new sponsor.

Essential Documents for Transferring H1B:

Please make photocopies of your immigration documents and keep them in a safe place, separately from the originals. Photocopy the following documents:

• Passport pages that have your picture and personal information, as well as official information;
• Passport page with the appropriate visa stamp on it;
• Both sides of your Form I-94;
• Both sides of your I-797 approval notice;

1. Passport: Your passport is your own Government's permit for you to leave and re-enter your own country. You should keep your passport valid at all times (most passports contain an expiration date).
2. Visa: The visa stamp placed in your passport by the U.S. consul is needed to enter the United States but has no bearing on how long you can remain. It also indicates the classification status you will have upon admission to the United States (e.g., H1B).
3. Form I-94, Arrival/Departure Record: The I-94 shows that you have been admitted to the U.S. The I-94 is usually stapled onto the U.S. visa page of your passport. It contains an eleven-digit identifying number (called your departure number) that the USCIS uses to keep track of your arrival in and departure from the United States.
4. Form I-797 approval notice: The Form I-797 approval notice indicates that USCIS has approved the H1B petition and has either changed the beneficiary's status to H1B (in which case a new I-94 card is issued, attached to the bottom of the Form I-797A) or indicated the consulate to which they have sent notice of the petition's approval (Form I-797B). The form will state the validity period of the H1B petition.

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.