Answer One is not considered to be counted against the H1B cap until the "cap" H1B petition is actually approved. One in this scenario normally would need to refile under next year's lottery. (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer There is no minimum required wait time before applying for a B-1/B-2 visitor visa. The criteria considered by the consular officer is whether you can sufficiently demonstrate nonimmigrant intent and ties to your home country. (12.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer You can only work based on an H1B receipt notice if you are in valid H1B status at the time the petition is filed. If you are changing from H-4 to H1B status, you must wait for the H1B petition to be approved before you...
Answer There is a lot of variation in this; it could be a few weeks, or a few months, depending on the case. (05.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer One can be employed in H1B status by an U.S. company, and reside in Canada. This is sometimes referred to as a "commuter" H1B. It is uncommon, but not unheard of. (05.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer If multiple H1B petitions are filed during one's grace period, all potentially could be approved. The employee generally, ultimately could choose the employer with whom s/he wants to accept employment. (29.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer One in this situation is likely out of status, and began to accrue unlawful presence as of the date of the denial. It generally is important, therefore, to depart the U.S. as soon as possible. An H1B could be filed for consular processing to permit...
Answer The grace period generally would start from the last day of employment - not from the last pay stub. (29.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...
Answer Generally, it is not recommended to travel while an H1B change of employer (commonly referred to as a "transfer") is pending. Technically, if you have a valid unexpired H1B visa "stamp" from Company A, there is a USCIS memo that says that, with the visa...
Answer The H1B category is limited to specialty occupations, meaning that the position normally requires at least a bachelor's degree in a related field of study. So, if you have a bachelor's degree or a master's degree in a field of study related to the position...
