15 Dec 2022

I have never gone through the H1B lottery, but I am currently working in H1B status for a cap-exempt employer. A different company will file an H1B registration for me in March. If my case is selected, what would be the earliest date I could move to the new employer?

Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently  for the cap-exempt and cap-subject employers, but a petition...

08 Dec 2022

After my H1B extension was denied, my employer filed a form I-290B motion to reopen. Am I allowed to stay in the U.S. while the I-290B is pending?

Answer A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the...

08 Dec 2022

The USCIS issued an RFE on my H1B petition, and my employer just responded to it. The case was filed for premium processing, and I am in a rush to get it approved. How likely is it that the USCIS will issue a second RFE?

Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...

01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...