The annual quota for H-1B visas capped out on August 23rd, 2022, and on October 1st, 2022, the approved visas went into effect. As a result, these foreign national employees will have two potential ways to activate their H-1B visa status.
Once a foreign national employee gains H-1B status, they may remain and work in the US for six years. However, any time spent in the US on an L-1 nonimmigrant status may reduce this timeframe. However, they can recapture any time spent outside the US after gaining this status.
Suppose, during this six-year period, the foreign national reaches certain points in acquiring a green card. In that case, they may remain past this period while the application process continues. However, any extensions will depend on the exact stage of the applicant’s progress and the foreign national’s country of origin.
One of the first steps that an H-1B worker should take as soon as they gain entrance to the United States is to review their Form I-94 Arrival/Departure Record. This document, which they can view and print from the CBP’s I-94 website, will show how long an individual may remain in the US. In addition, it can act as proof of employment eligibility for completing Form I-9.
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