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H-1B Frequently Asked Questions

cornell

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2005-7-18 21:03:40

cornell

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Company Name	Number of H1Bs
Rapidgm	13,132
Intel	8,935
Accenture	8,364
PricewaterhouseCoopers	7,135
Infosys Technologies Ltd.	3845
Satyam Computer Services	3278
KPMG	2280

2005-7-18 21:40:15

cornell

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http://www.h1bjobseekers.com/

http://www.h1base.com/store.asp

http://www.h1bsponsors.com/

2005-7-18 22:09:27

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第 4 楼

SOLUTION CENTER ~~ HOW TO FIND H1B JOBS (WORK VISA) IN THE USA

WELCOME to H1 Base, Inc' Solution Center - for International Professionals seeking H1B Jobs in the USA.
> ARE YOU a 'new' applicant who lives in another Country and wants to move to America to Live & Work ?
> DO YOU already have an H1B Visa (Work Permit) and want to 'transfer' it to a new H1B employer ?
> DO YOU want to change your current visa status to an H1B work visa ?
> ARE YOU you having trouble finding a job/company offering H1B visa Sponsorship ?
> ARE YOU tired and frustrated of searching, or don't know where to start ?
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Fact:- you must 'first' find an H1B Job with a Company who will then 'sponsor' (file) your H1B visa application.
Fact:- individuals can NOT apply for their own H1B visa. ONLY your sponsor company can apply (file) for your H1B.
You need an H1B Job to get an H1B visa. You need an H1B visa to legally work in the USA.

Question:- How Do You Find a Job with a US Company that WILL Sponsor & File Your H1B Visa ??
Question:- How Do You Know Which Companies Do Sponsor H1B Visas and which Ones Do Not ??

ANSWER:- H1 Base is the leading independent H1B Visa Jobs Solution & Service Company. Our services are Trusted & Proven year after year to be the most successful solutions available - anywhere! - guaranteed!
For many many years, our services have been successfully used by Individuals in over 100 Countries, who want to move to America to live & work. Our services are used by many other H1B service companies / websites. Our services are used by US Immigration Attorney Firms. Our services are used by US Universities and Business Schools.
H1 Base has been featured on TV, Radio, Magazines and Books. H1 Base has attended numerous H1B visa and job related National, International and Global Conferences as the Key Note (expert) speakers.
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H1 Base, Inc is ranked by Google and Alexa in the Top 1% Worldwide. A recognized industry leader in H1B visa information and H1B Job Seeker Solutions! For the last three years H1 Base has been ranked No. 1 by Access Global Solutions Organization - Quality and Excellence Award.

H1B VISA JOBS - GETTING TO THE FINISH LINE - FIRST:
For years H1 Base, Inc has been helping International job seekers Find & Secure H1 Visa Jobs FIRST - BEFORE jobs are released onto the open market and your competition increases ten-fold!

Common Problems faced by H1B Visa Job Seekers:
1) very few US companies sponsor H1B visas - in fact, only about 1% throughout the Country - even the ones that do, tend not to make it public knowledge!
2) most H1 visa Jobs in the USA are hidden - statistics consistently show that over 80% of jobs are never advertised or posted on job search boards/sites/newspapers etc.
3) when a job is advertised - 'everyone' applies for the same job and H1B companies and H1 sponsors are flooded with resumes - you are now competing with American workers and other International job seekers for the same position!

* JOB SEEKER * SOLUTIONS (H1 visa and TN1 visa) - new H1 visa or visa transfer:
Option 1 - Post Your CV/Resume -- Click Here
Option 2 - Official H1 Sponsors Online Databases + Job Openings - Click Here
Option 3 - Full Service, Personal Review, Optimization and Submission Service - Click Here

INTERNATIONAL STUDENT SOLUTIONS (F1 to H1B visa transfer):
University/College Career Centers - Sign Up
for a list of current subscribers - Click Here

H1 EMPLOYER/SPONSOR SOLUTIONS:
Search For Available H1B Candidates (Free) Click Here
Register your Company with H1 Base, Inc (Free) Click Here

Online, instant 24x7 accessibility - use from anywhere in the World
For years, H1 Base solutions have been successfully used by individual job seekers and global businesses.
NOW you can STOP EXPERIMENTING and use the most Proven H1B Job Seeker Solutions!

http://www.h1base.com/page.asp?id=317

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2005-7-19 9:43:49

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第 5 楼

Overview : H1B Visas for Temporary Professional Workers
Posted Sep 15, 2003

This article continues our overviews of U.S. immigration law with the nonimmigrant (temporary) visa categories, the "H1B" classification for temporary workers in "specialty occupations."

Specialty Occupation

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."

Thus, there are two requirements: First, the employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position.

Under the regulations, the need for a person in a specialty occupation can be shown by one of the following:

a) a bachelor's or higher degree is normally the minimum requirement for entry into the particular position;

b) the degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;

c) the employer normally requires the degree for the position; or

d) the nature of the duties are so specialized and complex that knowledge required to perform them is usually obtained through a bachelors level or higher education.

Employer's Responsibilities

The employer must first file a "labor condition application" (LCA) with the U.S. Department of Labor in the region where the foreign national will work. The employer must attest to certain wage and working conditions. A list of the attestations on the LCA is provided in the above article entitled "Update on the new LCA form for H1Bs" since a new form for the LCA will be used from January 19, 2001 onwards. We will also describe those requirements, including the complex "prevailing wage" issue, in more detail in a subsequent overview article.

The employer must give notice of the LCA to the relevant collective bargaining unit, if the job is unionized, or otherwise post a notice in a conspicuous location to enable other employees to see it.

The employer must pay certain costs and expenses on behalf of an H1B employee. The employer must also keep certain records. Further details on the above requirements will be included in subsequent overview articles.

Basic Outline of the Process

The first step in H1B cases is to locate “prevailing wage” information for the area in which the employment is to be located. It is possible to have the state issue a prevailing wage determination or, if there is a reputable and reliable published survey that would meet the labor department requirements, to use that instead. The prevailing wage data as well as other basic information is then entered on the LCA form that is submitted to the Department of Labor.

The next step is to submit to the INS a form, along with the LCA, and a letter describing the operations of the company, the job opening, and the prospective employee's background. It is also necessary to document the beneficiary’s degree and to show that the company is viable. A person who is already in H1B status may accept new employment and start working for the new employer immediately upon filing the new H1B petition if the person has: (a) been previously granted H1B status, (b) been lawfully admitted into the US; (c) filed a non-frivolous H1B or other non-immigrant petition which is pending for new employment; and (d) never been employed without authorization in the U.S. before the filing of the H1B petition. Depending upon the location of the employment, it can take 1 to 6 months for the INS to approve the petition.

At MurthyDotCom we regularly post the processing times released by the INS Service Centers, after that information is provided to the American Immigration Lawyers Association. The processing times vary depending on the caseload of the Service Center; these times are generalizations.

If the person is already in the country in some other valid legal status, then his or her status would usually be changed to H1B status with the H1B Petition approval, assuming the correct box was marked on the Form I-129 submitted to the INS. This also holds true for a person who has an H1B through another employer. Under AC21, a person who is working with another employer in H1B status is now allowed to work with a new employer upon filing the H1B Petition with the INS. This is a reversal of previous INS regulations. If the H1B applicant is in the foreign country, then it is necessary for him or her to go to the U.S. consulate and apply for an H1B visa at the U.S. consulate in that country based upon INS approval of the H1B Petition.

In future H1B overview articles, we will go into more detail about prevailing wage issues, employer record-keeping requirements, and other H1B issues.

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2005-7-20 18:06:31

管理员

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第 6 楼

Overview : H1B Visas (Part II) – Wage and Record Keeping Reqs
Posted Sep 15, 2003

In Part I of our H1B Overview, which appeared in the January 5, 2001 MurthyBulletin, we provided an outline of the process and discussed the basic requirements to qualify for an H1B "specialty occupation." In Part II, we provide further detail about the wage requirements and employer record keeping responsibilities under the law.

Wage Requirement

On the Labor Condition Application (LCA) the employer must attest that it will pay "no less than the greater of the following" :

(a) The actual wage level paid to all other individuals at the work site with similar experience and qualifications for the position in question; OR

(b) The prevailing wage for the occupational classification in the area of intended employment.

The above is only one of the attestations, or promises that the employer must agree to on the LCA. For further information about the attestations, with regard to wages, working conditions and other issues, on the LCA, kindly refer to our article entitled Update on the New LCA Form for H1Bs, in the January 5, 2001 MurthyBulletin.

Proving the Actual Wage Paid to Other Similar Workers

The actual wage can be proved by documenting the wages paid to other employees holding similar positions to the H1B worker/s and having similar qualifications. In determining such wage level, the following factors may be considered: experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors. If there is an official wage scale, either as a result of a collective bargaining agreement or based upon employer policy, that information is also considered. Actual wage documentation is not submitted to INS or the DOL when filing an LCA or petitioning for an H1B worker; however, DOL can request it from the employer if needed, such as in the context of an investigation of the employer's practices.

Determining the Prevailing Wage in the Locality

Determining the prevailing wage can be accomplished in one of several ways. One way is to contact the state department of labor / department of employment security (actual name of the agency varies from state to state) and ask them for the recommended wage. There is generally a form to request this information, and the state labor office will make the wage determination based upon data that the U.S. Department of Labor (DOL) has collected. This data is also available on the internet, but legally it is safest for the employer if an actual determination is made. If the employer or attorney makes an independent judgment based on viewing the data on the internet, it is possible that the different job category or experience level that is chosen would be different from the ones that the officials who do the wage determinations would choose for the position. If relying on the prevailing wage determined by DLLR, the employer must file the LCA within ninety (90) days from the date of DLLR's determination of the prevailing wage.

Alternative sources of wage information that can also be accepted under the law include:

(a) a wage survey from an independent authoritative source published in a book, newspaper, periodical, loose-leaf service, newsletter or other medium within 24 months prior to filing the application. There are other detailed requirements in the DOL regulations regarding these sources.

(b) another legitimate source of wage data, such as a custom survey commissioned by the employer, or perhaps a survey conducted by the employer itself. The employer may be called upon to prove the legitimacy of the source.

(c) a union contract which was negotiated at arms length between the union and the employer if it contains wage information applicable to the occupation in question.

In any of these wage determination situations, the company needs to keep on file for inspection the documentation upon which the company relied to determine the wage to be paid. The LCA can be filed no earlier than six months before the beginning date of the period of employment, as indicated on the LCA.

The LCA is valid for a maximum period of three years at one time. This means that the validity period of an LCA may not exceed the validity period of an H1B petition which is also three years for the first six years of the H1B stay in the U.S.

Notice Requirement

Notice of the filing of the labor condition application must be provided to the bargaining representative for the employees in the occupational class of the foreign national's proposed position. If there is no bargaining representative, i.e. the job is not unionized, then notice to the employees is required.

The notice must be posted in at least two conspicuous locations in the employer's establishment/s in the area of intended employment. The notice must be posted for 10 days but the first day of the posting must start BEFORE filing the LCA.

ACWIA states that electronic posting of the LCA is allowed as one of the two locations. The electronic notification needs to be sent to the employees who are employed in positions similar to that of the prospective H1B worker/s.

Recordkeeping Requirements

Upon request by any person, the employer must make available for inspection certain documentation about the LCA. The specific documents that must be available for public examination are:

(a) a copy of each completed Labor Condition Application filed (Form ETA 9035); and
(b) the wage paid the H1(B) worker/s; and
(c) the system used to set the actual wage for the occupation; and
(d) a copy of the documents used to establish the prevailing wage of the H1(B) occupation/s; and
(e) documents showing compliance with the notice requirement.

This folder must be retained for one year beyond the end of the period of employment specified on the LCA.

In addition to the public access documentation, the employer must maintain certain payroll records for DOL to review. The DOL requires that the employer:

(a) Retain payroll records of all employees in the occupational classification of the H1(B) worker from the time the LCA is filed throughout the period of employment;

(b) The payroll records must contain:

i) full name and home address of employee/s;
ii) occupation, rate of pay, and hours worked each week by employee/s;
iii) overtime earnings each week of employee/s;
iv) total additions and deductions from each pay period and total wages paid for pay period, date of pay and period covered for employee/s;

c) Retain documentation regarding the basis the employer used to establish the actual wage.

The employer must maintain the payroll records for a period of three years from the date of the creation of the records. The prevailing wage is valid for three (3) years during the validity of the H1B Petition.

We will continue with the H1B Overview in a future issue of MurthyBulletin, discussing such items as H1B portability and extensions beyond six years under AC21, as well as other issues.

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2005-7-20 18:07:19

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第 7 楼

Overview : H1B Visas (Part III) – 6-year Limit, Portability, Etc
Posted Sep 15, 2003

In this third and final segment of our H1B overview, we discuss the six-year limit on stay and its exceptions; the two provisions of the new law enabling extensions beyond six years; as well as the new portability and quota-counting provisions and various miscellaneous issues not included in the prior two H1B articles.

Duration of Stay in H1B Status

The maximum duration of stay in H status is six years. If a person has held more than one type of H status, or has held L status, then stays in all of these statuses are added together to determine how much time remains available. For example, if a person came to the U.S. on an L1 visa, later changed to H1B, and then to H4, it is necessary to add up the period of time spent on all three of those categories towards the 6 year stay allowed.

The law provides for certain exceptions to the limit on stay. If the beneficiary's work in the U.S. is seasonal or intermittent, or s/he spends six months or less per year in the U.S., then the six year limit does not apply. The law also permits one to apply for one-year incremental extensions of H1B status if s/he has remained in status and has had a labor certification our I-140 pending for 365 days or more.

Ability to Start Work Upon Filing the H1B Petition

Prior to October 17, 2000, an H1B Beneficiary was not allowed to work until the INS had approved the H1B Petition. Under AC21, a person who is already in H1B status is allowed to accept new employment and start working for the new employer immediately upon filing the H1B petition as long as the person satisfies all of the following three criteria:

(a) has been lawfully admitted to the U.S.,

(b) filed a non-frivolous H1B or other non-immigrant petition which is pending for new employment; and

(c) has never been employed without authorization in the U.S. before the filing of the H1B petition.

This clause is retroactive and applies to all H1B petitions that were filed before, on, or after the date of the enactment of AC21 i.e. October 17, 2000. However, if the H1B Petition is denied, the person can no longer work for the petitioning employer. This new rule would therefore create practical problems for the employee if the petition is denied, since the prior employer may have terminated the prior job offer or revoked the previously approved H1B Petition.

H1B Quota and Counting

H1B workers in the following situations will not be subject to the annual H1B quota of 195,000 (as increased under AC21) for fiscal years 2001, 2002, 2003 or 65,000 thereafter.

a) Persons employed at a university, affiliated non-profit entity, non-profit research organizations, or government research organization;

b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

c) Physicians who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement; Extensions of stay for those already on H1B status;

d) H1B amendments with the same employer which are not requesting an extension of stay;

e) Change of employers by a person already on H1B status; and

f) Persons already engaging in H1B employment who are applying to work concurrently / simultaneously for an additional employer while maintaining their current employment.

Return Transportation Costs

The employer must pay the return transportation costs of the H1B employee if the employee is dismissed prior to completion of the approved H1B term.

Benching Rule

If H1B employees are “benched” due to the employer’s business reasons (such as the lack of available work), then they must still be paid for the full hours specified on the H1B petition. If an employee is absent based on issues not work related, such as personal or health reasons, then the above provision does not apply.

Departure Penalties Prohibited

It is illegal to require an H1B employee to pay a penalty merely for leaving the employer. However, it is permissible to require an employee to reimburse the employer for actual expenditures incurred by the employer if the employee leaves the employer within certain timeframes agreed to by the parties. Examples where the employer may require reimbursement include airline tickets to enter the U.S. for the H1B employee and family members, tuition for attending seminars while on the job, hotel costs while locating a home or rental property, etc.

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2005-7-20 18:08:38

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第 8 楼

Overview of H1B Count
Posted Mar 18, 2000

The Law Office of Sheela Murthy continues to receive questions and eMails pertaining to how the H1B cap and counting work. Although we have discussed this issue in previous issues of the MurthyBulletin, we believe that an overview of the history of the H1B cap and a summary of the events in the last month or two will be helpful for many of you.

The American Competitiveness and Workforce Improvement Act of 1998 temporarily raised the number of H1B visas available annually from 65,000 to 115,000 for fiscal years 1999 and 2000, and from 65,000 to 107,500 for FY2001. Thereafter, the H1B numbers would revert back to 65,000 in FY2002.

In the summer of 1999, INS discovered there were discrepancies in the number of petitions recorded against FY1999 cap. On November 10, 1999, INS contracted with the consulting firm KPMG Peat Marwick to review the counting methodology, and determine the extent of the H1B discrepancy. On February 17, 2000, INS indicated that they believed the H1B quota would soon be exhausted for FY2000.

Last week, INS announced that as of February 15, 2000, INS recorded approximately 67,000 H1B approvals against the FY2000 cap; and 44,000 H1B petitions were pending. However, they did not indicate how many of these pending cases are H1B cap cases.

Once INS determines that the FY2000 cap of 115,000 is reached, the agency intends to follow the notification procedures it established last year, which include publishing a notice in the Federal Register to inform employers about the orderly process for handling H1B petitions currently on file with INS and petitions received after the H1B cap has been reached.

The Law Office of Sheela Murthy will continue to keep you informed on this important issue.

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2005-7-20 18:10:09

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