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Hi everybody, this is Jerry Gerritsen Tabia Law. Thank you for coming here today, and we’re gonna be talking about H one B visas. What’s an H one B visa? Well, it’s an employment based visa that does not directly lead to a green card. Okay. But there is a pathway to a green card. It’s just not specifically through the H-1B.
Why? Because the H-1B is a non-immigrant. Non-immigrant, meaning that you are coming here for a temporary purpose. You’re not coming here for the rest of your life or for a permanent scenario. That’s the difference between a non-immigrant and an immigrant visa. An immigrant visa, like a green card, is a permanent visa that that says that your intent is to stay in this country, United States indefinitely for the rest of your life.
And the grant card is a permanent visa. How do you get there from an H one B? Well, let’s just talk about H-1B real quick. First. The most common way for the H one B, the, the most often way you see the H one B used is for students. Come over here first on the F1 visa, which is another non-immigrant visa.
They come here, they go to school, they get their education towards the end of their education, they go to work, they get hired by a local company, and that company sponsors. . And while they’re still on their f1 uh, status as a college student, they sponsor them or they don’t sponsor, I’m sorry, they hire them, which is allowed.
Uh, there’s a thing called the O B T Optional Practical Training that, uh, as an F1 student, you can go to school towards the end of your degree. What happens is oftentimes those. Like that worker, that foreign worker, and they’ll offer them a job via the H one B visa after the F1 student visa expires. And it’ll, it’ll expire, um, after they graduate from school.
So that’s how that works. Every March, which, uh, we’re right now in the middle of, or actually we’re at the end of the H one B lottery. Let me back up a little bit. There’s only a certain amount of H one B visas available. Companies every year, and that’s why you need a lottery. I think there’s 65,000 and then there’s 20,000 more for folks with master’s degree.
Uh, H-1B specifically is for folks that do have a bachelor’s degree or an equivalent degree, they go into the lottery In March, we can generally the beginning of March to about the middle of March this year, uh, fiscal year 2020. It started March 1st, ended March 17th, but they had a glitch in the system.
People weren’t able to pay practitioners or, or even, um, the beneficiaries weren’t able, or the employers weren’t able to pay online. They had to glitch. So they extended it to, I think the 20 or the 19th of the 20th. Anyways, the first thing they had to do is get picked in the lottery. Well, let me back up.
The first thing, a beneficiary, a person that’s looking to come here on an H-1B Visa is to have a company sponsor the company. Registers ’em puts ’em in the system. They have a lottery. They have to get picked in the lottery, one in three chances of getting picked in a lottery for a H one B visa. Once you’re picked, if you’re picked, then you can continue the process.
October 1st generally is the first day they can actually work. If they’re already here in the country, they’ll adjust their status. If they’re out of the country, they’ll cons their process and come over on their H-1B visa. Let me finish up by saying this. Can I get a green card with my H-1B visa? No.
However, You’re on a pathway to a green card, how if your company really likes you, they can sponsor you for an employment base, either two or three or, or another one, but two or three are the most popular Eeb one, or I’m sorry, EEB two or Eeb three. That is a pathway to that is you can get your green card through an employment base, two or three, and we’ll talk more about that at another time.
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