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17 Nov 2022

My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?

Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...

08:19 / FAQs / For Employers / For Individuals / Worker
17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:04 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...

06:28 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
10 Nov 2022

Over the past year, I have worked for three different H1B employers. There were a few reasons for these job changes, but it mainly came down to finding better opportunities for better pay. Are there any immigration risks with multiple job changes while on H1B?

Answer As a general rule, there is no direct, inherent risk in moving between multiple H1B employers. In fact, there have been numerous changes implemented to the H1B program over the years specifically to better ensure that H1B workers are able to change employers as needed....

06:24 / FAQs / For Individuals / Worker
10 Nov 2022

My employer filed my H1B petition as a Level 1 software developer. However, I have a master’s degree and four years of IT experience. Will this cause my H1B to be denied?

Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...

06:21 / FAQs / For Employers / For Individuals / Worker
03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

08:47 / Family Based / FAQs / For Individuals / Homeland Security / Resident / Travel / Visitor
03 Nov 2022

I am in H1B status with an I-94 valid until 2024, but I soon will be laid off. My employer said that, instead of officially laying me off now, they will let me take a voluntary, unpaid leave for 3 months. If I have not found a new employer by then, I can keep searching for another 60 days based on the grace period. Is that correct?

Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...

08:40 / FAQs / For Individuals / Worker
27 Oct 2022

I was working in H1B status, and then went back to my home country due to an emergency. It has been about seven months, and I now wish to return to my H1B position in the U.S. My visa stamp is still valid, and my employer is supporting this. Is there anything special I need to carry due to my prolonged absence?

Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...

07:10 / FAQs / For Employers / For Individuals / Travel / Worker
27 Oct 2022

My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker