Attorneys Law Firm Practicecontact us
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
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