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25 Apr 2016

I recently transferred to a new H1B employer. My prior employer still owes me several weeks of wages. Would it create any immigration problems for me to receive paychecks from two different employers for a couple of months?

Answer If you have a valid H1B for both employers, a brief overlap in paystubs between the two employers should not create immigration problems in the future. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

13:47 / FAQs / Worker
25 Apr 2016

I have an approved I-140 and have been in H1B status for 9 years. I may need to move to H-4 status temporarily for personal reasons. Can I move back to H1B later based on the approved I-140?

Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

13:44 / Employment Based / FAQs / Resident / Worker
18 Apr 2016

I have completed 6 years in H1B status. My LC is being appealed with BALCA. If I go back to India for one year, and then wish to return in H1B status, do I have to go through the lottery again? If not, how much H1B time will I get?

Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...

15:45 / Employment Based / FAQs / Resident / Worker
18 Apr 2016

I was in L1B status for three years and then left the U.S. Six months later, I was sponsored for an H1B position through the lottery, but I waited more than one year before entering in H1B status. Will the L-1 time count against my 6-year max of H1B time?

Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...

15:42 / FAQs / Worker
11 Apr 2016

I was enrolled in a J-1 clinical program, but I have not yet completed my 2-year home residency requirement. I am on F-1. Can I apply for change of status to a new J-1 clinical program?

Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...

15:53 / FAQs / Student / Visitor / Worker
11 Apr 2016

My H1B visa ‘stamp’ expired, but my H1B extension is valid for another year. If I visit Mexico or Canada for a few days, do I need to get a new visa stamp to reenter in H1B status?

Answer There is an automatic visa revalidation / contiguous territory rule that generally allows for such travel without getting a new visa. If status has been maintained and the person has a valid I-94, reentry is allowed following brief trips (30 days or less) to Canada/Mexico without...

15:51 / FAQs / Travel / Worker