27 Jun 2016

Is it possible to utilize the unused time on my H1B after 8 years? I left my H1B position in 2007 and now want to return without going through the lottery again.

Answer This is a very technical issue, with the USCIS interpretations evolving. The answer is: maybe. It generally can be attempted, with the likelihood of success depending upon a number of factors. (27.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

20 Jun 2016

I will be laid off by my H1B employer in 30 days, who then will notify USCIS of the lay off in 60 days. How can I keep my H1B valid if I don’t find a job before I am laid off? Will my H1B be valid until the USCIS is notified? Can I change status to B-1 or F-1?

Answer The status ends with the last day of the job. In order to change status, one generally needs to be in status at the time of filing. Options depend in part on how long it will take to find a job, etc. I recommend you...

20 Jun 2016

My H1B was picked in the lottery, but got an RFE on the client letter. The employer responded, but the case was denied. Can we appeal, or can I reapply through a different employer without having to wait for next year’s lottery?

Answer If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery....

13 Jun 2016

I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?

Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...