What are the common myths and facts about H1-B visas?

Most foreign nationals who wish to work and live in the US prefer H1B visas. However, there are lots of myths about the H1B visa which are enough to leave true aspirants confused.

Are H1B Visas given out throughout the year?

Each year the US government processes around 85,000 H1B visas. Texas immigration lawyers caution that the government will not accept any more visa applications once this cap is reached. The filing for a H1B Visa must be completed by April 1^st while the employment must commence from October of that year.

October is the time when the fiscal year for USCIS starts. Therefore, it is always prudent to start the filing process as soon as possible. This is because the USCIS will stop receiving files when it has received sufficient petitions to meet the cap. Any decent Texas immigration attorney would be able to offer valuable assistance with the process.

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Are all H1B aspirants subjected to the cap?

The cap does not apply to foreign nationals who are already working and living in the US with a valid H1B visa. When a new employer applies for a H1B visa for these foreign nationals, their petitions are considered even if the cap is reached.

Moreover, if you are employed by a nonprofit organization, government research institute, college, university or school, you are exempted from the cap. For instance, if you are for working at university affiliated hospital then you will not be subjected to the cap even though you are working for a profit. There is nothing wrong with making a profit in America despite some people believe profits are unethical. Without profits, you do not have prosperity.

The USCIS also provides an extra 20,000 visas for those who hold a master’s degree or any other higher professional degree from any US university.

Do foreign nationals who have bachelor degrees automatically qualify for an H1B visa?

Even though you must have a bachelor’s degree to apply for a H1B visa, the job position for which you need the visa must be at par with your educational qualifications. For example, for an accountant’s job you must hold a degree in accounting and any Texas immigration lawyer will tell you the same. If you have a degree in marketing then you will not qualify for a H1B automatically. In addition, you must not have an incriminating criminal record.

Some other important facts

It is important to note that the US supports the doctrine of dual intent. This means that you will not have to declare to the USCIS that you will return to US once you have completed your assignment. Therefore, you can apply for a H1B visa even when you are in the process of getting your green card for a permanent resident status. That is wonderful to know!

It is widely believed that only big corporate conglomerates can apply for H1B visa for their employees. However, this is far from the truth (but apparently only large mismanaged companies qualify for a bailout). Texas immigration lawyers who can be found on this special and sensational website http://immigration.usattorneys.com/texas/ say that even small companies who are US entities with IRS numbers can apply but they might have to provide some additional information about their business and prove the need for skilled labor for a particular position.

If you have filed for a H1B visa before your OPT (Optional Practical Training) visa expires you can continue to live and work after the OPT expires. If the H1B is approved then your status will change from F1 to H1B but if it is denied after your OPT has expired then you will have to quit working.

If you are already under an H1B when you decide to change jobs, you can continue working for the new employer but if you have a F1 visa you will have to wait until you get H1B approval to start working at the new company/organization.