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The Law Offices of Eliana Phelps

517 North Mountain Avenue, Suite 201, Upland, CA 91786
Phone: 909.393.4100
Phone: 951.505.7417
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Hours: Monday through Thursdays from 11:00 a.m to 6:00 P.M, and Fridays from 10:00 a.m to 2:00 P.M. We do not work during weekends and major holidays.

To get US H1b visa, is it necessary to convince the consular that you will return to your original country?


by admin on Mar.11, 2009, under H1-B

H1-b is a temporary non-immigrant visa. It is valid for a maximum of 3 years, and you are allowed one extension for a maximum of 3 years. That means you can stay at most 6 years on an H1-b visa, then you have to go home. So yes, you had better be able to prove that you do intend to go home.

There is a provision whereby an employer can keep you beyond the 6 years by sponsoring a green card for you, but they have to guarantee your job or support for 10 years, and that is becoming increasingly difficult to come by. Few companies can prove they are likely to continue in business and are willing and able to guarantee that they will employ/support you for 10 more years. You cannot count on this, and you do need to plan to return home.


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