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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
23 Oct 2025

I am still confused about the $100,000 fee. If am in the U.S. in F-1 status and am hoping to change status to H1B in next year’s lottery. Does the fee apply in this situation?

Answer No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

05:55 / FAQs / For Employers / For Individuals / Student / USCIS News / Worker
03 Sep 2025

I used only 3 months of OPT after completing my first master’s degree. I am considering enrolling for a second master’s. If I do this, would I be eligible to get the rest of my OPT period once I complete that program?

Answer The OPT time does not work like H1B time. In most circumstances, once you use any portion of your OP, the rest is ‘use it or lose it.’ (02.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

12:23 / FAQs / For Individuals / Student
20 Aug 2025

The U.S. college where I obtained my master’s degree was accredited when I graduated but then lost its accreditation a few years later. Can I use this degree to qualify for a PERM position that requires a master’s degree?

Answer If the college was accredited at the time the degree was conferred, the degree typically can be used to meet a PERM position’s degree requirements. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

12:28 / F-1 / FAQs / For Individuals / Student
23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

07:56 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Visitor / Worker
17 Jun 2025

My school operates on a quarter-based schedule with summer, fall, winter, and spring academic quarters. Instead of taking courses this coming winter, am I permitted to take a vacation?

Answer If a student attends a school on a quarter or trimester calendar, they may take one vacation per year during any one of the quarters or trimesters, as long as they have completed the equivalent of an academic year prior to taking the vacation. (17.Jun.2025)Sheela...

17:53 / F-1 / FAQs / For Individuals / Student