Attorneys Law Firm Practicecontact us
20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

14:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Travel / Worker
20 Mar 2024

A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

14:16 / FAQs / For Employers / For Individuals / Worker
06 Mar 2024

I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...

06:51 / FAQs / For Employers / For Individuals / H1B / Worker
06 Mar 2024

I have about 11 months of H1B time remaining before I max out. If I leave the U.S. for 1 year, and then return in H1B status, would I be eligible for another 6 years of H1B time?

Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to be...

06:48 / FAQs / For Employers / For Individuals / H1B / Worker
28 Feb 2024

I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even...

14:14 / FAQs / For Employers / For Individuals / Worker
21 Feb 2024

I am in F-1 status and my wife is in F-2. I found an employer to file an H1B registration for me this year. Does anything need to be filed for my wife during the registration period?

Answer No, there normally is nothing that would need to be filed for the H1B principal's dependents during the registration period. (21.Feb.2024)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...

13:24 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Student / Worker
14 Feb 2024

I received a notification from the consulate informing me that my H1B visa has been revoked. Does that mean I am now out of status?

Answer The revocation of a visa by a consulate normally has no impact on one's current status. (13.Feb.2024)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 © 2024, MURTHY LAW...

05:58 / Consulates / FAQs / For Individuals / Worker