Wed. Dec 6th, 2023

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Information for H-1Bs Approved Under the H-1B Cap

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Visa Renewal Pilot Program

For fiscal year (FY) 2023, the yearly H-1B quota for 85,000 H-1Bs was met as of 23rd August 2022, and on 1st October 2022, those H-1Bs that were approved as adjustment-of-status petitions went into effect. To get H-1B status for the first time, a foreign national is expected to go through the yearly H-1B Cap process, and selection is dependent on a randomized lottery system.

H-1B Cap

If selected, the petitions can be ready with two options to activate H-1B status:

Change of status. A change in status is a request to consequently change the status of a foreign national who is now in the US. To H-1B on 1st October 2022, or the date of the petition’s approval, whichever is later. This truly intends that without any additional action or steps taken by the foreign national, upon the petition’s approval. The individual’s status will change from a prior nonimmigrant status to H-1B Cap. Travel while a change-of-status petition is pending may cause the change-of-status request to be abandoned, and the petition will rather be approved for consular notification. If the foreign national travels abroad after the H-1B change of status produces results. Then the person will be expected to acquire an H-1B visa in their identification to get back to the US, except if the visa is excluded.

Consular notification. Unlike a change of status that produces results immediately on 1st October 2022 or the later date of the petition’s approval. A petition approved for Consular Notice will require foreign nationals to find extra ways to get H-1B status. The foreign national will be required to make another entry to the US to get H-1B status. Except if visa-absolved, an H-1B visa stamp will be required for return to the US. H-1B status will produce results on return to the US and will be considered the I-94 admission record.

Six-Year Maximum Period of Stay

When H-1B nonimmigrant status is obtained, the foreign national will be allowed the greatest stay in the US of six years. Time spent in the US in earlier L-1 nonimmigrant status might count against this six-year timeframe. Any time spent outside the US while holding H-1B status can be recovered and used to extend the end date of the six-year limit.

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Exemptions for the six-year limit in H-1B status might apply if the foreign national has reached specific achievements. The green card process that would allow for an extended stay in the US. While the green card application continues to process. Expansions of time past the six-year limit can vary based on where in the process the foreign national is, as well as the foreign national’s country of birth.

Importance of I-94

Another form I-94, Arrival/Departure Record, will be produced on every admission to the US. The record can be accessed and reviewed for accuracy on the U.S. Customs and Border Protection’s I-94 website for travelers visiting the US. Remaining in the United States beyond the date listed on the I-94 can have serious outcomes. If it’s not too much trouble, note that each difference in status approval notice. It will have another I-94 joined to the bottom of the approval notice, which will supersede a prior I-94. This sort of I-94 is given by U.S. Citizenship and Immigration Services (USCIS) and won’t be reflected in the online I-94 system.

Tax Withholding

Changes from certain nonimmigrant situations with H-1B may require an adjustment to tax withholdings.

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