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06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker
30 Mar 2023

My H1B registration was selected in this year’s lottery. The same employer filed for me last year, but it was not selected. On the I-129 petition, there is a question that asks, “Have you ever previously filed a nonimmigrant petition for this beneficiary?” Do we need to answer “YES” based on the registration that was not selected?

Answer No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer "YES" to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)Sheela Murthy and other...

09:25 / FAQs / For Employers / For Individuals / Worker
30 Mar 2023

I am on H-4 and do not have an EAD. My registration was selected in the lottery. Is it possible for the employer to request a start date earlier than October 1, 2023?

Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:19 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
23 Mar 2023

I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?

Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...

09:00 / Employment Based / FAQs / For Individuals / Resident / Worker
23 Mar 2023

I was laid off from my H1B position about two months ago. I have moved to a new employer, but my previous employer has still not paid me my final paycheck. Is there anything I can do?

Answer If a former (or current) H1B employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division.  (23.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:57 / FAQs / For Individuals / Worker
23 Mar 2023

My husband and I are both on H1B. I am applying for change to H-4 and an H-4 EAD. What happens if the H-4 is approved before the EAD?

Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...

08:52 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker
16 Mar 2023

I am on H1B, working for a large tech company. My I-94 is valid through next year. I recently was notified that I am being laid off. Technically, I will remain employed by the company for the next couple of months, receiving my regular salary and benefits. However, I will not be performing any work. When does my 60-day grace period start?

Answer The regulation states that the 60-day grace period starts upon the "cessation of employment." So, in a case like this, it has been open to interpretation whether the grace period starts following the last day the person performs work, or if it starts following the...

09:48 / FAQs / For Individuals / USCIS News / Worker
16 Mar 2023

In 2022, I entered the U.S. on H-4 status. I then changed status to H1B, which is valid through 2025. I was recently laid off. Can I leave and return on my H-4 visa, or is that visa stamp now invalid since I changed to H1B status? 

Answer Typically, a change in status to H1B would have no impact on the validity of an H-4 visa "stamp." As long as the visa has not expired, it typically can be used to request readmission in H-4 status (assuming the principal H1B worker remains in...

09:33 / FAQs / For Individuals / Travel / Worker