[info][H1BVISA]How does one apply for h1b visa

How does one apply for h1b visa?

H-1B status requires a sponsoring U.S. employer. The employer must
file a labor condition application (LCA) with the Department of Labor
attesting to several items, including payment of prevailing wages for
the position, and the working conditions offered. The employer must
then file the certified LCA with a Form I-129 petition plus
accompanying fee of $130. (Prior to FY2004, employers were required to
submit an additional $1,000 fee to sponsor the H-1B worker, unless
specifically exempt.) Based on the USCIS petition approval, the alien
may apply for the H-1B visa, admission, or a change of nonimmigrant
status.
A U.S. employer filing an H-1B petition must submit the $185 petition
filing fee and, unless exempt under Part B of the H-1B Data Collection
and Filing Fee Exemption Supplement of this form, an additional fee of
either $1500 or $750. A U.S. employer with a total of 25 or less
full-time equivalent employees in the United States (including any
affiliate or subsidiary of the employer) is only obligated to pay the
$750 fee.
A U.S. employer filing an H-1B petition who is required to pay the
additional fee may make the payment in the form of a single check or
money order for the total amount due or as two checks or money orders,
one for the additional fee and one for the petition fee.
NOTE: As of March 8, 2005, H-1B and L-1 petitioners who must pay the
$500 Fraud Prevention and Detection Fee must pay with a check or money
order that is separate from the additional fee and petition fee. The
$500 Fraud Prevention and Detection Fee is never required for
petitions for H-1B1 Free Trade Nonimmigrants from Chile or Singapore.
How long can an alien be in H-1B status?
Under current law, an alien can be in H-1B status for a maximum period
of six years at a time. After that time an alien must remain outside
the United States for one year before another H-1B petition can be
approved. Certain aliens working on Defense Department projects may
remain in H-1B status for 10 years. In addition, certain aliens may
obtain an extension of H-1B status beyond the 6-year maximum period, when:
• 365 days or more have passed since the filing of any application for
labor certification, Form ETA 750, that is required or used by the
alien to obtain status as an EB immigrant, or
• 365 days or more have passed since the filing of an EB immigrant
petition.

Documents Required for H1-Visa Stamping

Once you receive the H1 approval petition original documents( I797 and
from I129) from your H1 sponsoring employer you are ready for your H1
visa stamp. Following is a list of required documents for H1 visa
stamping purpose.
• Completed Non-immigration Visa Application Form DS-156. Separate
form for each applicant. [Sample Form DS-156]
• Completed Form DS-157. Each applicant in India taking appointment
through VFS need to fill and provide DS157 irrespective of their age
or gender.
• Additional Questionnaire. [Download Fillable Form in PDF]
• Application visa fee original receipt issued by HDFC bank.( If you
are applying in India)
• Copy of interview appointment letter which you get at the time of
setting appointment with VFS.
• Original H1 approval form I-797.
• Offer letter from the company in USA.
• Valid Passport.
• Original Experience Certificates from all your previous employment's.
• All other legal papers you received with your H1 documents, like
from I129.
• Two photographs 2 and 2 inches square (50 mm square) for each
applicant, showing full face, without head covering, against a light
background. To be used in the application Form. US consulates are very
particular about the Photographs specification. Check out the
Guidelines for Photographs required for US visa.
• Demand draft for visa issuance Fee.
• Latest resume.
• All your Original Degree Certificates