02 Mar 2023

Does an employer need to use an attorney to file H1B registrations? If not, can an employer file the H1B registrations on their own, and then use an attorney to file H1B petitions for the registrations that are selected?

Answer An employer can file H1B registrations with or without an attorney. The registration process is fairly straightforward, so it is fairly common for employers to handle this part of the process on their own. And yes, an employer can use an attorney to file the...

23 Feb 2023

I found a company willing to file an H1B registration for me in the lottery. However, the company only has one employee. Is that permitted?

Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

23 Feb 2023

I am in H1B status and have an offer to move to a new employer. My current employer will not give me a copy of my H1B approval notice. Is it possible to change to a new company without this notice?

Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

19 Jan 2023

I understand it is possible to be employed by two different companies at the same time while in H1B. Does it matter if the positions are in two different fields?

Answer No, it does not matter if the positions are in two different fields, provided the individual is qualified for both positions. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

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...