“Change of Status “cases:
If a change of status was granted in your case, then you may remain in the United States throughout the validity of your visa, so long as you continue to work for your employer. However, you must begin employment within thirty (30) days upon the approval of the case or your H-I B Visa will become invalid.
Stamping your H-1B visa in your passport:
Should you have the need to travel abroad, then we recommend that you schedule an appointment with our office at least one month in advance to your travel date. The purpose of the appointment is to prepare you for your consular interview in the U.S. Consulate, normally in your country of origin. Once your visa is stamped in your passport, then you may enter the United States, so long as your H-1B Visa is still valid.
Salary, Taxes,and your W-2:
The H- 1B Visa permits you to work for the U.S. company that petitioned you; that means that you must receive the stipulated salary and pay your taxes. The tax year for individuals runs from January 1st through December 31st .The employer will issue you a W-2 form, which confirms the salary received for that particular year, as well as the taxes that were deducted from your paycheck. as an H-1B you cannot receive a 1099.
You will be responsible for filing a U.S. Income Tax Return between January 1st and April 15th of the following calendar year with the Internal Revenue Service (IRS). That tax return must reflect your income received from your employer, as set forth in your Labor Condition Application.
As an H-1B, you are authorized to change employers so long as the H-1B requirements are met. Prior to accepting any new employment, please contact our office immediately for an appointment to discuss a strategy in your particular case.
Children under the age of twenty-one (21) are protected with H-4 status so long as your H-1B is valid. The H-4 status authorizes your child or spouse to study in a public school or institution. They would be registered as Florida State residents for tuition purposes.
Additionally, your children under twenty-one (21) may also be included in your residency process; however, we strongly urge you to make an appointment with our office at least (2) years prior to your child or children turning twenty-one (21).
Change of Address:
If you move, you are required to report your new address to USCIS within 10 days. Failure to report your address is grounds for deportation. The form to be used is the AR-11. We recommend you send it certified mail, return receipt requested to have proof you have complied with the law.
Please note ACPA cannot do this for you. Also it is your responsability to register the changes on our website profile.
6- Year maximum stay as an H-1B:
The H-1B Visa is valid for a three (3) year period of time and may be extended for another three (3) year period of time, not to exceed a total of six (6) years. If you have an 1-140 pending for at least 365 days prior to the six (6) year expiration of your H-1B, then you may extend the H-1B for three more years. If immigration numbers are not available in your category you must either (1)change your status or (2) return to your country. We recommend you make a timely appointment with our office to discuss your particular case.