H1B: Best among non-immigrant visas

But H1B has its own issues! You may wish to take note of the following points before moving further on to the visa facts

This is one area where fraud is generally rampant. It's menacing that some "consultants" try to sell fake documents to H1 aspirants. US Consulates that receive the large number of fraud cases in this particular visa category have put in place a strong regime not only to locate the fraud but also to punish those who submit fake documents to get their H1Bs. Offenders will never be able to travel to the US in their life time. Also, they are sure to end up in a local crime police station.

After landing in the US, H1B visa holders should learn about the resources the US government has been offering to uphold their dignity, honor and protection under the rule of law. If an employer in the US is violating labor laws and exploiting the temporary worker, he/she may contact the National Human Trafficking Resource Center's 24 Hour Toll-Free Hotline 1-888-373-7888 (run by an NGO); or Trafficking in Persons and Worker Exploitation Task Force Complaint Line 1-888- 428-7581, Run by the U.S. Department of Justice. If you are threatened physically, you can call 911 for immediate help. The US government is committed to safeguarding labor rights of temporary workers in the country and one need not hesitate to report any violation by any US employer, big or small, to the concerned authorities.

While joining a company in the US as a H1B temporary worker, understand that you need not submit your passport to the custody of your employer. Keep it safe always in your own control. It would also be a good idea to leave some copies of your H1B approved petition, passport and visa with your family members or a bank locker back in your home country. Also, you can store the scanned version of your important documents in your laptop or Gmail. Even if you have a great employer who is completely law-abiding, it would be worthwhile to note details like your workdays with your employer, time spent at work, and the salaries that you have drawn on the job.

And, the following details form the basis of your understanding of the whole H1B process� H1B is a petition-based visa. A US company has to give you a job, first. The US employer has to file a petition to the USCIS in support of your case, as the next step. The petition will undergo the process of selection as subjected to the annual limitations (cap) of H1B visa numbers as well as the USCIS' policies governing temporary worker permits. Once you have received the H1B approval notice, you should attend an interview with a US visa officer in your home country; the officer will review your H1B approval notice and decide whether you are qualified for the visa. Approval of your H1B petition by the USCIS will not guarantee issuance of visa by a US Consulate in your home country.

For some of you, your student visa would have been refused at a particular US Consulate General in your home country. And, you may have to go to the same Consulate for a H1B visa interview again. Do not panic! If everything is fine with your employment and employer in the US as well as the documents that you have submitted, you will get your H1B stamped without any problem. The earlier refusal of F1 visa will not impact your case negatively (provided your visa was not refused earlier on counts of fraud or other grounds of inadmissibility).

At times, some applicants who were earlier denied F1 visas at a particular US Consulate will avoid that Consular office for their H1B interviews and opt to go to a different Consulate in another region, owing to a wrong advice from some "consultants." This will yield no fruits!

H1B is regarded as the best among non-immigrant US visa categories that offers number of privileges like the simultaneous issuance of H4 visa to spouse and other dependents (along with the H1); and an opportunity to H1 dependents to study in the US without obtaining F1 visa. It also provides a legitimate path to US green cards. However, some H1B temporary workers in the US will face more than one challenge in maintaining their visa status due to reasons like abrupt termination from job by an employer or longer absence from the US etc. Let us look into those issues next week.