Is my H-1B1 for 1 year or 18 months?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

In this blog post I will explain the difference between (1) H-1B1 visa validity duration, and (2) period of authorized H-1B1 admission, and how this helps you to "stretch" your H-1B1 visa usage toward the end of your first year on H-1B1 status.

You may have come across inconsistent information regarding a 1-year duration or 18-month duration.

Specifically, you may have noticed that the H-1B1 visa in your passport is valid for 18 months from the date it is issued.  Or, if you have never had an H-1B1 visa before, you may have also noticed this based on information provided by the U.S. Embassy in Singapore's website.

On the other hand, the U.S. Immigration and Nationality Act states that the period of admission for an H-1B1 is 1 year.  Or, for those of you who have entered on an H-1B1 visa before, you may have also noticed this based on your admission stamp or online I-94 record.  (Assuming the immigration officer carries out the inspection and admission process correctly, which is a story for another post).

The key to reconciling this difference is to understand the distinction between (1) visa validity duration and (2) period of authorized admission.

1.  Think of the H-1B1 visa inside your passport as your "entry ticket" into the U.S.  The validity of this H-1B1 visa/"entry ticket" is 18 months, as set by the U.S. Department of State.

2.  Each time you enter on a valid unexpired H-1B1 visa/"entry ticket", you will be admitted for 1 year.  This 1-year authorized period of admission is prescribed by the Immigration and Nationality Act.

As you can see, the visa validity duration (point no. 1 above) and authorized period of admission (point no. 2 above) are separate things.

This dichotomy is very useful when your first year on H-1B1 status is about to finish.  Recall that, although your H-1B1 authorized period of admission is for 1 year, your H-1B1 visa/"entry ticket" is valid for 18 months.  This means that, since your "entry ticket" is still valid for at least 6 more months, you can obtain an additional 1 year of H-1B1 status by leaving the U.S. and entering again close to the end of your first year on H-1B1 status, which effectively "stretches" your H-1B1 time.

Here is an example to illustrate how to "stretch" your H-1B1 visa usage when your first year is almost up:

1. Let's say you have an H-1B1 visa (issued on November 15, 2018, expires 18 months later on May 15, 2020) inside your passport after the Embassy approved it. 

2.  Next, let's say you enter the U.S. on H-1B1 on December 1, 2018.  The officer is supposed to admit you for 1 year of H-1B1 status.  Therefore, your admission stamp (or your electronic I-94 record.) expiration date should be November 30, 2019. 

3.  Before the 1 year is up, you leave the U.S. for a short trip on November 25, 2019 and you return to the U.S. on December 2, 2019.  At this time, your H-1B1 visa in your passport hasn't expired yet (in this example, the visa itself expires on May 15, 2020 in accordance with point 1 above), so the officer can admit you for another 1 year of H-1B1 status if your LCA and passport also do not expire by then.  Therefore, your new admission stamp (or "I-94" record) expiration date should be December 1, 2020. 

Additional things to note:

a. Remember that once your H-1B1 visa inside your passport has expired, you cannot re-enter again; you'll have to go and get a new H-1B1 visa/"entry ticket" in your passport.  

b. The strategy in the above example can be used as long as your existing H-1B1 LCA (Labor Condition Application) does not expire before the expiration of your admission period each time.  

c. Make sure your current passport does not expire early because the officer cannot let you in for a period longer than the expiration date of your passport.

As you can see from even this simple illustration, there are nuances and complexities involved in the H-1B1 process.  Thus, it is always beneficial to work with an experienced H-1B1 immigration attorney so that you and your U.S. employer can utilize the H-1B1 visa correctly and to its fullest extent.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.

H-1B1 (Singapore) FAQs

Welcome to this blog.

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

In this first blog post I am providing a set of FAQs to introduce the H-1B1 visa to U.S. employers and prospective Singaporean employees.  I will elaborate on specific issues in subsequent blog posts.

H-1B1 FAQs

A.  What is the Duration?

An employee under an H-1B1 visa is admitted for a duration of 1 year, renewable indefinitely. 

Some of you may notice that your H-1B1 visas inside your passport are valid for 18 months after issuance. I will explain the difference between (1) visa validity duration which is 18 months, and (2) the authorized period of admission which is 1 year, in a subsequent blog post. 

B.  What are the Procedures for Obtaining H-1B1 Status?

There are two ways of obtaining H-1B1 status.

1.  After the Labor Condition Application* is certified by the Department of Labor, the H-1B1 employee may directly apply for an H-1B1 visa at a U.S. Embassy/Consulate abroad.  No petition needs to be filed before the USCIS.

OR

2.  After the Labor Condition Application* is certified by the Department of Labor, the Employer may file a petition before the USCIS.  Unlike a normal H-1B petition, there is no premium processing available for H-1B1 petitions. 

In my opinion, the first method (obtaining the H-1B1 visa directly through consular processing abroad) is highly recommended.  I will elaborate why via a subsequent blog post.



*The Labor Condition Application (or "LCA") is a form to be e-filed by the employer on behalf of certain nonimmigrant employees (including H-1B1 employees) that attests to employment information such as the wages and place of employment.  In November 2018, the Department of Labor released a new edition of this LCA form.  

C.  Is the H-1B1 Status "Transferable"?

The H-1B1 status is not "transferable."  This is because H-1B portability provisions do not apply to H-1B1 cases. 

This means that an H-1B1 employee (who was previously on H-1B1 status with another company) cannot join the Employer until or after the new H-1B1 status is obtained in one of the two ways described above. 

This is different from a normal H-1B transfer case where the employee (who was previously on H-1B status with another company) is permitted to start working at the Employer once the Employer's H-1B transfer petition is filed with USCIS. 

Thus, the normal procedures used for H-1B transfer cases do not apply to an H-1B1 case. 

D.  Is the H-1B1 Visa "Dual Intent"?

No, the H-1B1 visa is not "Dual Intent."  

This means that, if an H-1B1 applicant is interviewed at a U.S. Embassy or Consulate, he/she must generally show that he/she does not intend to immigrate to the U.S. (by, for example, showing ties to his/her home country).  

E.  Is the H-1B1 Employee subject to a Lottery?

No.  This is because the H-1B1 quota is never reached.  This has two implications:

First, an H-1B1 petition (for new employment) can be filed at any time during the year.  This is unlike a normal H-1B case where a petition for a new employee trying to obtain H-1B status for the first time has to be filed in early April. 

Second, the H-1B1 employee can start working on H-1B1 status at any time of the year.  This is unlike a normal H-1B case where an employee who is starting on H-1B status for the first time has to begin on October 1.

F.  Comparison Chart

Some U.S. employers may have sponsored regular H-1B employees in the past, but most are unfamiliar with the H-1B1 for Singaporeans. 

The comparison chart below summarizes the difference(s) between H-1B1 cases and H-1B Cap Cases.

COMPARISON CHART

	H-1B1 Cases	H-1B Cap Cases
Duration	1 year	3 years
Extensions/Renewals	Renewable indefinitely**	In general, may be extended for another 3 years (for a maximum period of 6 years)
Can the employee obtain the visa through Consular Processing without the need for an approved petition from the USCIS?	Yes	No.  An approved petition by the USCIS is required before the employee can obtain the visa
Can the employer file a petition to the USCIS on behalf of the employee?	Yes.    Note: Employer does not have to pay USCIS fees if it chooses to use consular processing abroad instead of filing a USCIS petition	Yes.
Subject to Lottery?	No	Yes
When to Apply / File?	Can apply for a visa / file the petition at any time of the year (because quota is never reached)	Must file petition during the H-1B filing acceptance period prescribed by USCIS, typically in early April.
When can the Employee Start Work on the Visa Status?	At any time after visa status is obtained	The earliest start date for each fiscal year is October 1 (for first-time H-1B status)
“Transferable”/Portable?	No	Yes
Dual Intent?	No	Yes

** There are different options available on renewals and extensions.  Because of the complex nature of some of the procedures behind these options, it is best to speak with an immigration attorney with experience in H-1B1 cases.   


Disclaimer: This blog is for informational purposes only and does not constitute legal advice.