Answer Concurrent H1Bs are permitted. Each company must receive their own H1B approval on one's behalf. (08.Jan.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, click here.Access more FAQs...
Answer Very likely, the H1B filed in April could be approved only for consular processing, not for a change of status. This means that, assuming the H1B case is selected in the lottery and approved, one in this situation would probably need to depart the U.S....
Answer It is important to understand that the H-4 EAD is still available. We have not yet even seen a formal proposal to eliminate it - all we have is an indication that such a regulation is being written. It may never be released. If it...
Answer There is no indication of such a rule being proposed at this time. Further, the ability to extend H1B status beyond 6 years is partially based on a law, rather than a regulation. Therefore, to get rid of this rule would likely require that Congress...
Answer Yes, multiple H1B filings are permitted. If both are approved, the employee generally is able to choose the employer for whom s/he prefers to work. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer Unfortunately, the options here normally are limited. Because the I-94 is now expired, one generally would be out of status and begin to accrue unlawful presence from the date of the denial. In this situation, one typically would need to depart the U.S., obtain a...
Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap exempt....
