Attorneys Law Firm Practicecontact us
01 Feb 2024

I was in H-4 status and was working based on an H-4 EAD. In October, my status changed to H1B, and I was working in that status until recently, when I was laid off. If I depart and return on H-4, can I work as a contractor based on my H-4 EAD?

Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:41 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
25 Jan 2024

I am applying for an H1B job that requires at least a bachelor’s in computer science. I have a master’s degree in computer science, but my bachelor’s is in an unrelated field. Is that okay?

Answer Yes, this should be fine. Since a master's degree is a more advanced level of education than a bachelor's degree, that master's degree in computer science can be used to qualify for an H1B position requiring only a bachelor's degree. (24.Jan.2024)Sheela Murthy and other senior...

05:58 / FAQs / For Employers / For Individuals / Worker
25 Jan 2024

About four years ago, I was selected in the lottery and worked on H1B for less than six months before returning to India. I have not been back to the U.S. since then. Last year, another company submitted a lottery registration for me, but I was not selected. A friend recently told me I do not have to go through the lottery again. Is that correct, or did I ruin my chances by going through that lottery last year?

Answer Your friend is correct! Generally speaking, once a person has been counted against the H1B cap, that person remains eligible for up to 6 years of H1B time. The fact that another employer submitted a registration for you last year does not change the fact...

05:53 / FAQs / For Employers / For Individuals / Worker
25 Jan 2024

I was told I am eligible for up to six years of H1B time. However, my petition was only approved for three years. Does this mean there is a problem with my case?

Answer No, this is perfectly normal. An individual typically is limited to up to 6 years of H1B time. Generally, however, an H1B petition will not be approved for more than 3 years. (24.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

05:49 / FAQs / For Individuals / Worker
18 Jan 2024

I am a green card holder and am traveling overseas for a work assignment. I am in the process of filing a form I-131 application for a reentry permit. Am I allowed to travel while that application is pending?

Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...

07:32 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
11 Jan 2024

The first PERM case my employer filed for me was denied. If the same employer files another case for me for a different position, will that automatically result in my case being audited?

Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...

08:58 / Employment Based / FAQs / For Employers / For Individuals / Resident