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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...

07:15 / Consulates / FAQs / For Employers / For Individuals / Worker
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...

07:13 / FAQs / For Employers / For Individuals / Worker
19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

13:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13:10 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
12 Feb 2025

I recently became a citizen of Canada. If I invest $60,000 in a business in the U.S., can that be enough to qualify as a “substantial investment” to get an E-2 visa? Would it help if I brought in a partner to increase the investment amount?

Answer There is no set amount required to qualify for an E-2. Rather, what is required is that the investment be (1) substantial in a proportional sense; (2) sufficient to ensure the investor’s financial commitment to the successful operation of the E-2 business; and (3) of...

11:03 / FAQs / For Individuals / Worker
05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

12:57 / Consulates / FAQs / For Employers / For Individuals / H1B / Travel / Worker