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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
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
11 Jan 2024

My change-of-status application to F-1 was recently approved, but the I-94 expiration date just says, “duration of status.” Is this an error? When does my status expire?

Answer Foreign nationals in F status do not have a specific expiration date noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications...

08:53 / F-1 / FAQs / For Individuals / Student
04 Jan 2024

I earned my 3-year bachelor’s degree (BSC) and 3-year master’s degree (MCA) from India. I also have about a decade of work experience related to my field of study. Can my PERM case be filed as EB2?

Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:54 / Employment Based / FAQs / For Employers / For Individuals / Resident
04 Jan 2024

I am working in H1B status for Employer A. Employer B filed a change-of-employer petition for me, which was approved. When I went to give my two-week notice to Employer A, however, they offered me a raise and some additional benefits, so I decided to stay in my current job. Are there any immigration complications created by not joining Employer B?

Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...

07:52 / FAQs / For Employers / For Individuals / Worker