08 Oct 2018

If I quit my H1B job, am I eligible for the 60-day grace period? Or, does the grace period only apply if I am fired? Also, if I do get a grace period, what about my H-4 spouse?

Answer Yes, a person who resigns can still be eligible for the 60-day grace period, assuming one meets the other standard requirements (e.g., no violation of status, I-94 still valid). The same applies to one's H-4 dependents. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and...

08 Oct 2018

I am in H1B status and have an approved I-140. I plan to move back to India for the time being. Will I still be able to use my I-140 in the future?

Answer Yes, an approved I-140 can be converted to "consular processing" by the employer, and later used to obtain an immigrant visa and "green card," as long as the employer is still offering the same job. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other...

24 Sep 2018

My husband’s H1B extension was filed for premium processing and my H-4 extension was included with his filing. His H1B was approved within a couple of weeks, but my case is still pending. Is this normal?

Answer This is not common, but it does happen occasionally. The USCIS typically will adjudicate the accompanying H-4 application quickly when the H1B petition is filed for premium processing, but this is done as a courtesy and is not required. (24.Sep.2018)In frequent sessions of our Chat,...

18 Sep 2018

My employer is filing an H1B amendment to add an additional work location, but everything else in the petition is the same. Can this be filed for premium processing?

Answer Currently, premium processing is only available for cap-subject H1B petitions filed for "extension without change" at the Nebraska Service Center. If an amendment is requested, it would not presently be eligible for premium processing. (18.Sep.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

27 Aug 2018

I am in H1B status with Company A. In order to join Company B, do I need to wait for the H1B change-of-employer receipt notice is issued? Or can I join based on the FedEx tracking confirmation notice that the USCIS received the petition?

Answer One can technically start work for the new employer on the day that USCIS physically receives the H1B change-of-employer petition. The receipt is not required. (A more conservative approach would be to wait for the receipt just to make sure the petition is not rejected...