30 Jan 2020

My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B...

23 Jan 2020

I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?

Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that...

09 Jan 2020

My employer did not run my payroll for several months, but is now paying me those wages in lump sums in January and February 2020. Because of this, the total wages listed on my 2019 W-2 is well below the wage on my LCA. Will this cause problems with my H1B extension?

An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...

09 Jan 2020

My project is about to end and I need to move to a new H1B employer. I found a company willing to sponsor me, but the position is only 20-hours per week. Is that ok? If I find a second employer to sponsor me for another part-time position, can I work for both companies at the same time?

An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...

09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...