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02 Mar 2023

I was laid off from my H1B position, and now have a new job offer. However, the job being offered is by a university that qualifies as cap exempt. If I accept the job and later wish to transfer back to the private sector, would I need to go through the lottery again?

Answer If you have been counted against the H1B cap and then move into a job working for a cap-exempt employer, this typically would have no impact on your ability to later return to a cap-subject employer. (02.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that...

10:24 / FAQs / For Individuals / Worker
02 Mar 2023

Does an employer need to use an attorney to file H1B registrations? If not, can an employer file the H1B registrations on their own, and then use an attorney to file H1B petitions for the registrations that are selected?

Answer An employer can file H1B registrations with or without an attorney. The registration process is fairly straightforward, so it is fairly common for employers to handle this part of the process on their own. And yes, an employer can use an attorney to file the...

10:20 / FAQs / For Employers / Worker
23 Feb 2023

I found a company willing to file an H1B registration for me in the lottery. However, the company only has one employee. Is that permitted?

Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

07:58 / FAQs / For Employers / For Individuals / Worker
23 Feb 2023

I am in H1B status and have an offer to move to a new employer. My current employer will not give me a copy of my H1B approval notice. Is it possible to change to a new company without this notice?

Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:55 / FAQs / For Employers / For Individuals / Worker
23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

07:52 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Visitor
22 Feb 2023

USCIS Extends COVID-19 Flexibilities a Final Time: Through 23.Mar.2023

The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...

13:11 / Citizen / Employment Based / For Employers / For Individuals / NewsBrief / Resident / USCIS News