DISCLAIM: The following document is prepared by IFCSS New Comers Working Committee. It is a general procedure for applying H-1B visa by aliens in the United States. IFCSS New Comers Working Committee have no legal responsibility for the document. If you have questions, please consult your lawyer or your local legal specialists. Also, you may like to consult VISA_FAQ_III by gopher/ftp ifcss.org: /ifcss/ncomers. Procedure of applying an H-1B visa for alien in the U.S. 1. You must prepare a copy of a valid Health Care Facility Labor Attestation. You can obtain a list of approved physician from your local INS office. 2. You must have a reviewed labor condition application (LCA), stamped by the U.S. Department of Labor (DOL). You should contact the DOL for the LCA. 3. You must have a valid I-94 when you apply H-1B visa. 4. If your family members want to change their status too, they must use Form I-539. You can obtain all the forms from regional INS office. 5. A petition for H Classification must be filed on Form I-129 (if you are current in some other nonimmigrant visa, a designation on Form I-129 must be made) by your employer (the petitioner). 6. The petition must be submitted in duplicate, along with the above documents (#1, #2, #3, with or without #4) and other documents specified in the instructions on Form I-129, to the INS regional service center having jurisdiction over the place in which you is to be employed or received the training. If you are to be employed by more than one employer, each employer must submit a separate petition. (You can work part time for more than one employer, provided each employer has a Form I-129 approved for you) 7. The Charge on each individual petition varies depends on how many Forms (eg. Form I-539) submitted. The processing time for an H-1B petition varies from one jurisdiction to another, but generally ranges from 3 to 6 weeks from the time the petition is submitted to INS. INS will notify the employer on Form I-797 (Notice of Action) upon approval of your petition.