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30 Mar 2023

My H1B registration was selected in this year’s lottery. The same employer filed for me last year, but it was not selected. On the I-129 petition, there is a question that asks, “Have you ever previously filed a nonimmigrant petition for this beneficiary?” Do we need to answer “YES” based on the registration that was not selected?

Answer No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer "YES" to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)Sheela Murthy and other...

09:25 / FAQs / For Employers / For Individuals / Worker
30 Mar 2023

I am on H-4 and do not have an EAD. My registration was selected in the lottery. Is it possible for the employer to request a start date earlier than October 1, 2023?

Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:19 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
23 Mar 2023

I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?

Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...

09:00 / Employment Based / FAQs / For Individuals / Resident / Worker
23 Mar 2023

I was laid off from my H1B position about two months ago. I have moved to a new employer, but my previous employer has still not paid me my final paycheck. Is there anything I can do?

Answer If a former (or current) H1B employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division.  (23.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:57 / FAQs / For Individuals / Worker
23 Mar 2023

My husband and I are both on H1B. I am applying for change to H-4 and an H-4 EAD. What happens if the H-4 is approved before the EAD?

Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...

08:52 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker
22 Mar 2023

April 2023 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...

15:57 / EB5 Investor / Employment Based / Family Based / For Employers / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin