Answer After an H1B worker uses any portion of the grace period, that person typically is eligible for another 60-day grace period after receiving a new H1B approval. For example, if an H1B worker gets laid off and then finds a new job during the grace...
Answer There is no requirement that project documents be included with the H1B. But if you will be working at a client location, that must be listed on the LCA. Including project documents can be helpful, especially if you will be applying for a visa "stamp"...
Answer Yes, it is possible for two H1B change-of-employer petitions to be filed for the same person at the same time. But, if the person wishes to work for both employers at the same time, one of the petitions should request concurrent employment. (17.Mar.2024)Sheela Murthy and...
Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...
Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer There is no receipt issued by the USCIS after an H1B registration is submitted. The closest thing to a receipt is an online confirmation message, which includes a registration number. But this is not the same thing as a traditional I-797 receipt notice. (13.Mar.2024)Sheela Murthy...
Answer If you are in the U.S. when the H1B petition is filed, the petition generally will be filed requesting a change of status. If you travel before the petition is approved, the status request will be abandoned, and the petition typically can be approved only...
Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...
Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to be...
Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even...
