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05 Jan 2023

When I joined my previous H1B employer, part of my employment contract included a non-compete clause. I recently moved to a new H1B employer. I do not believe I am violating the non-compete agreement, but my prior employer says that I am and is threatening to get my H1B canceled. What should I do?

Answer Whether you are in breach of this non-compete agreement – and whether the agreement is even enforceable – would be based on state law, not U.S. immigration law. So, you may wish to speak with an employment attorney licensed in your state. Regardless, though, your...

07:00 / FAQs / For Employers / For Individuals / Worker
29 Dec 2022

Can I take maternity leave while in H1B status? Does it matter if the employer only offers unpaid maternity leave?

Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:56 / FAQs / For Employers / For Individuals / Worker
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...

06:58 / FAQs / For Employers / For Individuals / Worker