23 Apr 2025

I will be applying for a new H1B visa stamp when I am in India next month. My current H1B visa stamp is still valid for another 4 months. If the consulate denies my visa renewal, am I still allowed to return using the existing visa stamp?

Answer If your visa renewal request is denied, this would not directly impact your existing H1B visa “stamp.” However, the consular officer has the ability to revoke the existing visa stamp, if they so wish. (22.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

15 Apr 2025

I am on H1B working for Company A and I received a job offer from Company B. I initially agreed to join Company B, but I have since changed my mind. If Company B’s H1B transfer is approved, what are my options to keep my job with Company A?

Answer Even if the USCIS approves an H1B change of employer, there generally is no requirement under immigration law that you join the other employer. Assuming Employer A’s petition is still valid, you typically are not required to take any action in order to continue working...

02 Apr 2025

I am on H1B working at a client location. My project recently changed to a different end client located less than one mile away. Does my employer need to file an H1B amendment?

Answer An H1B amendment generally would not be required based solely on the change in work location, where the new work location is within the same MSA and/or within reasonable commuting distance from the prior location. However, if there has been some other material change, such...

26 Mar 2025

I am in H1B status and am trying to fill out an online form I-539 so I can change to H-4. The form asks me to list my current status, but the drop-down menu does not provide H1B as an option. What should I do?

Answer This question on the online I-539 is a bit confusing. To indicate you are in H1B status, you must select the “1B1 - H-1B1 Specialty Occupation” option. (26.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

19 Mar 2025

Last year, my H1B registration was selected in the lottery. However, my H1B petition was denied. The employer filed an appeal on the denial, and that appeal is still pending. Can the employer submit an H1B registration for me again this year?

Answer A pending appeal on an H1B petition would not typically prevent a person from reapplying under the current year’s H1B lottery. (19.Mar.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...