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24 Feb 2026

I am in H1B status working from a home office. My employer is moving me to a different client, but I will continue to work from home. Because there is no location change, is it true we do not need to file an H1B amendment. Is that correct?

Answer Depending on the circumstances, a change in project may require an H1B amendment. Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment...

15:49 / FAQs / For Employers / For Individuals / Worker
18 Feb 2026

When I go to determine my L1A max-out date, do I count from the start date on my original L-1 approval? Or is it from the date I entered the U.S. in L-1 status?

Answer L-1 time is calculated based on the person’s time in the United States in L-1 status. Time spent outside the U.S. after an L1A has been approved does not count toward the standard 7-year max.(17.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07:11 / FAQs / For Employers / For Individuals / L-1 / L1A Visa & Status / Worker
11 Feb 2026

I am currently on OPT and my employer will be entering me in the H1B lottery. I am presently earning the equivalent of a Wage Level 1 salary, but the employer has agreed to increase it to Wage Level 2 for my H1B lottery case. Does the employer have to start paying the higher salary now?

Answer Generally speaking, the H1B wage does not have to be paid until and unless the foreign national is granted H1B status. There is no requirement that the H1B salary be paid at the time the person enters the H1B lottery.  (11.Feb.2026)Sheela Murthy and other senior...

06:03 / FAQs / For Employers / For Individuals / Student / Worker
27 Jan 2026

My H1B visa stamping appointment was rescheduled, so I am stuck in India for a number of months. Also, my PERM was just approved. Does my employer need to wait for me to be back in the U.S. before filing the I-140?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (27.Jan.2026)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...

17:55 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker