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28 Jul 2026

I received deferred disposition for an assault / family violence citation. Since the case was later dismissed, do I still have a conviction for immigration purposes?

Answer You may still have a conviction for immigration purposes. A conviction for immigration purposes can exist even if the court withholds adjudication and later dismisses the case, so long as the person entered a guilty plea, no contest plea, or admitted sufficient facts, and the...

09:20 / Employment Based / Family Based / FAQs / For Families / Homeland Security / Immigrant Family / Nonimmigrant Family / Resident / Worker
14 Jul 2026

My new employer filed an H1B transfer petition and received the electronic receipt notice. Do I need to wait for the paper receipt notice to arrive before starting work?

Answer Generally, no. An H1B worker ordinarily may begin employment with the new employer as soon as the H1B transfer petition is properly filed with USCIS, assuming all other portability requirements are met. Employers may have their own onboarding policies, but the physical receipt notice is...

11:15 / FAQs / For Employers / For Individuals / Worker
12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

07:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
06 May 2026

My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again?

Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

14:17 / FAQs / For Employers / For Individuals / Worker
22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

10:35 / FAQs / For Employers / For Individuals / USCIS News / Worker
31 Mar 2026

I was not selected in the H1B lottery. What other options are available for me to remain and work in the United States?

AnswerThere may be other options available to you, as explained in the MurthyDotCom NewsBrief, Options if Not Selected in the H1B Lottery (01.Apr.2024). It would be advisable to discuss these options further with a qualified immigration attorney. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

09:21 / FAQs / For Employers / For Individuals / Worker
31 Mar 2026

I am a software engineer on an H1B visa. On weekends, I work as a DJ as a side gig, mostly for fun and unpaid, but occasionally paid. Is this permitted?

Answer This work likely would constitute unauthorized employment, even when you are not getting paid. (31.Mar.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 © 2026, MURTHY LAW FIRM. All...

08:49 / FAQs / For Individuals / H1B / Worker