When you are eligible for the cap gap extension, submit a request to ISS for a Cap Gap I if you want documentation of the extension though it is not required. You will have a day grace period from the date of the notification of the denial, rejection, or revocation, during which time you can prepare to depart the U.
ISS cannot advise about travel during the cap-gap period. Yes, the day unemployment limit continues during the cap gap extension period. Note that on October 1, if approved, the H-1B status begins. If you change your mind and do not want to change to H-1B status, you must ensure your employer requests the withdrawal of the approved or pending H-1B petition in time for USCIS to officially accept the withdrawal prior to October 1—otherwise, your H-1B will begin October 1, which cancels your eligibility for the month OPT extension.
Please upload a copy of your EAD and the I Approval Notice that references consular notification to our secure webform.
It is important to remember that selection in the visa lottery does not guarantee the visa will be granted. The petition will be assessed against the visa requirements and eligibility criteria. Unsuccessful H-1B applicants must wait until the next fiscal year before re-applying for an H-1B visa. Given the lottery takes place only once a year, applicants and their potential sponsors will naturally want to ensure their prospects of success are maximized.
You can take steps to avoid issues with your H-1B registration, by ensuring you are following the process requirements. While these will not increase your chances of being selected, they can ensure you are avoiding any potential delays or problems with being included in the lottery selection process. If selected in the H-B1 visa lottery, you will be notified and asked to file your H-1B cap petition. You will be expected to attend an interview at your local US Embassy or Consulate.
The H1B visa is a temporary non-immigrant worker visa that makes it possible for US businesses and organisations to employ graduate level or otherwise specialist foreign nationals in speciality occupations. Eligibility for an H1B visa relies on the applicant possessing an offer of employment in a suitable role from a US employer and the fulfilment of at least one of the following:.
There are also H1B eligibility requirements for the job that you wish to be employed in. At least one of the following must apply:.
If your H1B petition is not successful, take advice on alternative visas such as the L1 visa for intracompany transferee roles or the O1 visa for individuals with extraordinary ability or achievement in the sciences, arts, education, athletics or business. H-1B Frequently Asked Questions. What is an H-1B? What kinds of occupations qualify for H-1B status? Who is eligible to obtain H-1B status? Is it difficult to get H-1B status in certain kinds of jobs?
Is there a minimum salary for a job in H-1B status? What must the employer do to hire an H-1B worker? How long does it take to obtain H-1B status? What is the H-1B "cap"? Who is exempt from the H-1B cap? How should I explain H-1B status to a prospective employer? I am an international student. My immigration status is J-1 Exchange Visitor. Am I eligible for H-1B status? Can I change jobs after I get my H-1B? Is H-1B status the only way that I can qualify to work in the U. What is the role of an attorney in the H-1B petition process?
What status would my spouse and children have when I am granted H-1B Status? Alternatively, an attorney or representative can create an account and register on your behalf. The registration period only runs for 14 days each year. If an attorney or a representative has filed for you, they will be able to see your status in their account.
The account will show your status as one of the following:. Your registration must be selected if you want to apply for an H-1B visa, unless you are eligible for an exemption.
Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf. The purpose of the LCA is to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area, and that your working conditions will not affect other their employees.
These other documents may include evidence of your education, any training certificates or professional membership documents if relevant, your resume, a confirmation letter of employment, a letter of support, and any necessary fees. If your Form I is approved, then there are two options for you, depending on whether you are in the United States already or not. If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working.
If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete Form DS , which will take around 90 minutes to fill in. You will also need to pay the application fee, and schedule an interview at a U. Once you have arranged an interview, you will need to bring documents such as:.
During your interview, you may be asked questions about yourself, the job, your experience, the employer and your travel history. Will my family be able to come with me, if I hold an H-1B visa? Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas.
How long will I be able to stay and work in the U. The H-1B visa is valid for three years, and can be extended for up to six. Can my spouse work? It depends. If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green card.
Currently, H-1B visa holders may apply for a green card. However, there may be lengthy delays.
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