H-1B Visa - Part 3

C.	Premium Processing of your H-1B Petition

notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H-1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,000 fee and continue to process the petition under the expedited process.

You may have your H-1B petition adjudicated within 15 calendar days by applying for H-1B premium processing. For an additional fee of US $1,000, the USCIS guarantees a prompt decision on your H-1B petition. You will receive either an approval

D.	Applying for the H-1B Visa at an American Consulate
	To apply for the H-1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
	1.  DOS Form DS-160, Nonimmigrant Visa Application 2.  A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page 3.  A color photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member 4.  Your resume and education transcripts 5.  A copy of the H-1B petition submitted to the USCIS.

IV.	Duration of Stay
	Under current law, you can be in H-1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H-1B petition can be approved. However, foreign nationals working on defense department projects may remain in H-1B status for ten years.

V.	Spouses and Children
	Spouses and/or unmarried children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H-4 visas.