31 Jul 2019

My H1B petition was selected in this year’s lottery, and an RFE was issued. My project just ended, so my employer says he is going to file an H1B amendment for the case. Will this cause any problems?

Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...

24 Jul 2019

Two completely separate companies sponsored me for H1B petitions in this year’s lottery. The first petition and change of status has been approved. If the second petition is denied, would that impact the approved case?

Answer In most circumstances, a denial of one H1B petition would not impact the H1B petition that has already been approved. (24.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

24 Jul 2019

I am working for Company A in H1B status, and Company B filed a petition requesting a change of employer. If Employer B’s petition is denied, can I keep working for Employer A? Will Employer A be notified of the denial?

Answer One who receives an H1B denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked. The only company that would normally be notified of a denial would be the employer that filed the...

24 Jul 2019

I own a company in India and need to travel to the U.S. to meet with a client. Will the consulate accept a scanned copy of an invitation letter from the U.S. company? Or do I need to present the original signed document?

Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...

24 Jul 2019

August 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...

23 Jul 2019

NewsFlash! Rule Increasing EB5 Investment Requirements Effective 21.Nov.2019

The U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register a final rule related to the employment-based, fifth preference (EB5) immigrant investor program that will dramatically increase the minimum investment requirements, among other changes. The final rule will apply only...