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30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

17:40 / FAQs / For Individuals / Travel / Worker
15 Nov 2023

When my H1B petition was filed, my employer listed on the I-129 that the consulate in Chennai should be notified. I actually want to apply for my visa stamp in Hyderabad, though. Will that be a problem?

Answer Normally, applying for a visa foil (or "stamp") at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)Sheela Murthy and...

18:31 / Consulates / FAQs / For Individuals / Worker
15 Nov 2023

Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again?

Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...

18:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Nov 2023

I am currently on STEM OPT, and my H1B cap case was just approved through the same employer. While on STEM OPT, I was paid a lower wage than the prevailing H1B wage, but now that the H1B has been approved, I am being paid the correct amount. Will this be a problem in the future?

Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

08:30 / FAQs / For Individuals / Student / Worker
02 Nov 2023

I am working in H1B status and have a pending change of employer petition. I plan to stay with my current employer until the change of employer petition is approved. Will the USCIS notify my current employer of the pending change of employer petition?

Answer Generally, no, the USCIS will not notify one's current employer that another employer has filed a change of employer petition. (02.Nov.2023)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...

09:07 / FAQs / For Individuals / Worker
26 Oct 2023

Can I work in the U.S. while in H-4 status for a foreign company without an EAD? The company will pay me in a bank account in my home country.

Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment and...

07:32 / FAQs / For Families / Worker
26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

07:28 / Employment Based / FAQs / For Individuals / Resident / Worker
19 Oct 2023

I work as a project manager in India, managing IT projects for our U.S. clients. We have a large staff in India, but only a few employees in the U.S. My company wishes to transfer me to the U.S. so that I can manage projects from the U.S., while the substantive work is largely performed in India. Can I qualify as an L1A manager, even though I will have few U.S.-based subordinates?

Answer It still may be possible to qualify as an L1A manager, even if you will have few subordinates. (In fact, it is possible to qualify with no subordinates, although this can make the case more challenging.) It is not uncommon to file L1A petitions for...

08:36 / FAQs / For Employers / For Individuals / Worker