29 Dec 2021

Last year, my employer submitted an H1B registration for me, but it was not selected. This year, the registration was selected in the third lottery. On the I-129 form, it asks if I have ever been denied the classification requested. Do I have to answer yes, based on last year’s registration?

Answer No, failing to have a registration selected is not the same thing as being denied a visa classification. (29.Dec.2021)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 © 2021,...

29 Dec 2021

I am on STEM OPT, and my registration was selected. The end-client is allowing contractors and employees to work from home until the pandemic is over. Since there is no certainty as to when I will be returning to the office location, how do we list this on the H1B itinerary?

Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020. So, there is a good chance your employer is not required to submit an itinerary.That being said, if your employer is submitting an itinerary, there is no formal...

23 Dec 2021

I am currently in H1B status, but am in the process of applying for a change to H-4 status and for H-4 EAD. Can I continue to work while my H-4/EAD applications are pending?

Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...

23 Dec 2021

My H1B petition was recently approved for a wage level 1 position. I also just completed my last credit to earn a master’s degree. Does that mean the employer now has to move me to wage level 2 position?

Answer The wage level is determined by the job requirements, not the person's educational background. If the position does not require a master's degree, the fact that you have earned this advance degree would not, by itself, result in the salary having to be increased. (22.Dec.2021)Sheela...

16 Dec 2021
16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09 Dec 2021

My registration was selected in the second lottery. My employer filed the H1B petition to the wrong address. The package was rejected, and we missed the deadline to refile the petition. Now that there is a third round of registrations that have been selected, can we refile my H1B petition?

Answer No, if the employer fails to (properly) file the cap-subject H1B petition prior to the deadline listed on the registration selection notice, it typically is not possible to use that registration to file during the following round of registration selections.  (09.Dec.2021)Sheela Murthy and other senior...