02 Jul 2025 When will we know if there is going to be a second H1B lottery?
Answer The USCIS likely will announce whether a second lottery will be necessary by the end of July or beginning of August. (02.Jul.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...02 Jul 2025 My EB3 I-140 was denied and a motion to reopen (MTR) was filed. Is it possible to use this case for purposes of extending my H1B status beyond six years?
Answer Yes, if the PERM was filed in time to qualify for the H1B extension under the 365-day rule, it is possible to obtain the extension based on the pending MTR or appeal. The MTR or appeal is enough to keep the case “alive” so...25 Jun 2025 My H1B extension was approved recently, and I now am going to apply for a new visa stamp in Canada. If the visa is denied, can I return to the U.S. using automatic visa revalidation?
Answer Automatic visa revalidation (AVR), otherwise known as the contiguous territory rule, allows a foreign national who has made a brief trip to Canada or Mexico to request readmission to the U.S. based on the existing I-94, without the need for a valid visa “stamp.”...11 Jun 2025 Is your present employer notified when your prospective new employer files for H1B transfer?
Answer No, the USCIS normally does not send a notification to a foreign national’s current employer when a new company files an H1B case for that individual. (11.Jun.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...05 Jun 2025 The project with my H1B employer is coming to an end. We found a new project I can work on, but it is only for about 20 hours per week. Is that permissible?
Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025) Sheela Murthy and other senior attorneys...05 Jun 2025 I am in H1B status and am engaged to a green card holder. Once we are married and she sponsors me for a green card, can I keep working on H1B while the case is pending?
Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025) Sheela Murthy and other senior attorneys provide...28 May 2025 My H1B is valid until next year. If I apply for a change of status to H-4, can I continue to work while the application is pending?
Answer The H1B generally stays valid through its expiration date or until the H-4 change of status is approved, whichever comes first. (28.May.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...21 May 2025 A few years ago, my U.S. citizen brother sponsored me for a green card. Can I use the approved I-130 to extend my H1B status beyond 6 years?
Posted at 07:10hin Family Based, FAQs, For Families, For Individuals, H1B, Immigrant Family, Resident, Worker
Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...