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09 Dec 2021

My registration was selected in the second lottery. My employer filed the H1B petition to the wrong address. The package was rejected, and we missed the deadline to refile the petition. Now that there is a third round of registrations that have been selected, can we refile my H1B petition?

Answer No, if the employer fails to (properly) file the cap-subject H1B petition prior to the deadline listed on the registration selection notice, it typically is not possible to use that registration to file during the following round of registration selections.  (09.Dec.2021)Sheela Murthy and other senior...

09:09 / FAQs / For Employers / For Individuals / Worker
09 Dec 2021

I am in the U.S. in H1B status. I recently received an eMail from the U.S. consulate that issued my visa stamp, informing me that my visa had been revoked. Does this mean I have to leave the U.S.?

Answer The visa "stamp" is an entry document. If the consulate has revoked the visa, it means it generally can no longer be used for purposes of requesting admission to the U.S. However, it ordinarily has no direct impact on one's valid status in the United...

09:06 / Consulates / FAQs / For Individuals / Worker
09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

09:03 / EB5 Investor / FAQs / For Individuals / Investor / Legislation / Resident
02 Dec 2021

My registration was selected in the third lottery. However, I am now working for a different company on OPT, and I do not wish to go back to my old employer. Can I stay on OPT? Will this have any negative impact on me if I apply for the lottery again next year with my current employer?

Answer Generally speaking, it is possible to remain on OPT rather than apply for a change to H1B with the previous employer. Typically, this would not have a negative impact on the individual. (02.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07:39 / FAQs / For Individuals / Student / Worker
02 Dec 2021

Employer A filed a registration for me, which was selected. I am currently working for Employer B. Would it be possible to work for both Employer A and Employer B at the same time?

Answer Yes, this may be possible. Employer A would need to file the cap-subject H1B petition and get it approved. Assuming it is approved, immigration law generally would permit Employer B to file an H1B petition requesting concurrent employment.  (02.Dec.2021)Sheela Murthy and other senior attorneys provide...

07:36 / FAQs / For Employers / For Individuals / Worker
02 Dec 2021

The employer that submitted my H1B registration still has a job available for me, but it is only for about 20 hours per week. Is that allowed?

Answer Yes, it normally is possible to file an H1B petition requesting part-time employment. (02.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2021, MURTHY LAW FIRM. All Rights...

07:34 / FAQs / For Employers / For Individuals / Worker