01 Aug 2016

My 6 years on H1B is about to expire, but I have a newborn who was born premature and will be in the ICU for several months. Can my H1B be extended beyond 6 years based on my family’s medical needs?

Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...

18 Jul 2016

I signed an offer letter with my current H1B employer that includes a 2-year commitment. I am not happy with my work conditions and now wish to move to a different employer. Will USCIS deny a change of employer request because of the offer letter?

Answer Immigration law does not prevent people from making changes due to contracts, etc. The USCIS does not get involved with these matters. Immigration laws prohibit employers from penalizing H1B workers for making job changes. Check with an employment lawyer about the enforceability of the agreement....

18 Jul 2016

Employer B filed an H1B change of employer petition. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, this would not impact either petition. H1B petitions are generally separate, independent petitions. Both petitions could be approved or not; but, typically, one case would have no impact on the other. (18.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...