Frequently Asked Questions on H-1B Visa

What is an H-1B visa?
An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise.
What is a specialty occupation?
A specialty occupation is one that requires specialized knowledge and typically requires at least a bachelor's degree or its equivalent in a specific field of study.
Who is eligible for an H-1B visa?
Individuals who have a job offer from a U.S. employer for a specialty occupation and possess the necessary qualifications, such as a bachelor's degree or higher, related to the position.
How long can I stay in the U.S. on an H-1B visa?
Initially, H-1B visa holders can stay in the U.S. for up to three years. The visa can be extended for up to six years in total, with certain exceptions.
Can I bring my family members on an H-1B visa?
Yes, H-1B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. on an H-4 dependent visa.
Can I change jobs on an H-1B visa?
Yes, H-1B visa holders can change employers, but the new employer must file a new H-1B petition on the employee's behalf.
Can I apply for a green card while on an H-1B visa?
Yes, H-1B visa holders are eligible to apply for a green card (permanent residency) in the U.S. through employment-based immigration pathways.
Is there a cap on the number of H-1B visas issued each year?
Yes, there is an annual cap on the number of new H-1B visas issued each fiscal year. The regular cap is set at 65,000 visas, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.
When can I apply for an H-1B visa?
The H-1B visa lottery process typically opens in late March or early April of each year for employment starting on October 1st of the same year.
What is the H-1B visa lottery?
If the number of H-1B visa applications exceeds the annual cap, USCIS conducts a random selection process (lottery) to determine which petitions will be accepted for processing.
Can I apply for an H-1B visa from outside the U.S.?
Yes, an employer may apply for an H-1B visa on behalf of a foreign worker while the worker is outside the U.S. However, individuals already in the U.S. in another valid non-immigrant status may be eligible to change to H-1B status through a process known as "Change of Status."
Can I work part-time on an H-1B visa?
Yes, H-1B visa holders can work part-time as long as the employer has obtained approval from USCIS for the part-time employment arrangement.


Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again.


Inderjit handled our immigration matter in reference to my parents. We approached him and found him extremely pleasant to work with. In addition to his knowledge of the law, he guided us very well throughout the process. I would recommend him very strongly to anyone in matter of immigration.

Ajay (Avvo Reviewer)


Fill out the contact form or call us at 408.981.7696 to schedule your consultation.