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21 Jan 2026

I am currently on OPT and my employer will be filing for me in the H1B lottery. They have agreed to raise my salary to increase my odds of being selected. When would they have to start paying the increased salary, if I am selected?

Answer The employer would not have to start paying the H1B salary until you are actually in H1B status. If you are selected in the lottery, 01.Oct.2026 will be the earliest requested start date. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

13:58 / FAQs / For Employers / For Individuals / H1B / Worker
14 Jan 2026

I need to get an English translation of a document that I am submitting to the USCIS. Do I need to pay for an official translation for this to be usable with the USCIS?

Answer Per regulation, “Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language...

07:17 / Employment Based / Family Based / FAQs / For Employers / For Families / Immigrant Family / Resident
22 Dec 2025

Many years ago, I worked in H1B status for less than six months. I did not like the employer, so I returned to India. I am now back in the U.S. in H-4 status. If I want to again work in H1B status, do I need to go through the lottery?

Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...

17:45 / FAQs / For Employers / For Individuals / H1B / Worker
17 Dec 2025

I’ve had my green card for four months and my company wants me to leave the United States for an extended assignment abroad. Can I file an N-470 application to preserve my residence?

Answer Among other requirements, an N-470 application requires that the applicant was present in the U.S. for an uninterrupted year as a lawful permanent resident. (16.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

11:46 / FAQs / For Employers / For Individuals / Resident
03 Dec 2025

My L-1 petition was filed using premium processing, and an RFE was issued. My employer just submitted the RFE response. Will that also be reviewed using premium processing?

Answer Yes, generally speaking, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision – or, less likely, issue a second RFE or a notice of intent to deny (NOID) – within 15...

11:57 / FAQs / For Employers / For Individuals / Worker
12 Nov 2025

I am on H1B and my employer recently announced a round of layoffs. If I am laid off and apply for a change of status to B-1, can I later move back to H1B without having to pay the $100,000 fee?

Answer If an H1B worker changes to some other status, such as B-1, and then has an H1B change of status filed on their behalf, it appears the $100,000 fee would not apply (assuming the status request is granted). (11.Nov.2025)Sheela Murthy and other senior attorneys provide...

10:10 / FAQs / For Employers / For Individuals / Worker