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    Edmundo Daco Jr.

    The H-1B visa has a number of limitations that need compliance.

    • The initial validity is only for three years, which can be renewed for three more. Afterwards, the individual will have to go out of the U.S.
    • The individual may not start working for the employer while the H-1B visa petition is still pending for approval by the USCIS.
    • The H-1B visa holder can only work for the employer that petitioned for the visa.
    • The H-1B visa holder can change employers but a new H-1B petition is required. However, the individual can already start working for the new employer right after the petition is submitted to the USCIS. There is no need to wait for the approval.
    • The H-1B visa may not be converted to permanent residence status automatically. Green card application has a separate process.
    • H-1B visa dependents (spouse and children) are not allowed to work in the U.S. unless they acquire authorization from the USCIS or they get their own working visa.
    • The H-1B visa holder may work for multiple employers, but multiple H-1B visas are required to be petitioned.
    • The H-1B visa employment may be terminated at any time for any given reason. When the termination is already effective, the visa is no longer valid as well. The USCIS only allows a period of 10 days for the terminated employee to stay in the US. Afterwards, he/she needs to go out of the country.
    • The H-1B visa holder deployed to a new work location other than what is petitioned to the USCIS, unless a Labor Condition Application (LCA) is filed and permitted, or an H-1B Visa Amendment for Employment Relocation is approved.
    • The H-1B visa holder cannot have another non-immigrant visa. However, he/she can have multiple H-1B visas.
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