09 Jan 2020

My employer did not run my payroll for several months, but is now paying me those wages in lump sums in January and February 2020. Because of this, the total wages listed on my 2019 W-2 is well below the wage on my LCA. Will this cause problems with my H1B extension?

An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...

09 Jan 2020

My project is about to end and I need to move to a new H1B employer. I found a company willing to sponsor me, but the position is only 20-hours per week. Is that ok? If I find a second employer to sponsor me for another part-time position, can I work for both companies at the same time?

An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...

09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

02 Jan 2020

I will soon be completing a J-1 medical residency program. I read online that it is possible to get a “no objection” waiver to the J-1 home residency requirement. How do I apply for this?

Answer There is a no objection waiver to the home residency requirement. Generally speaking, however, if a foreign national used the J-1 program to attend a medical residency program, they would not be eligible to use the no objection option. (02.Jan.2020)Sheela Murthy and other senior attorneys...

02 Jan 2020

Several years ago, my I-140 from Employer A was approved with a June 2015 priority date. Last year, I received an approved I-140 from Employer B, which lists the same June 2015 priority date. If I decide to move back to Employer A, can I transfer the priority date back to Employer A’s I-140?

Answer You don't exactly "transfer" the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so...