29 Dec 2021

Last year, my employer submitted an H1B registration for me, but it was not selected. This year, the registration was selected in the third lottery. On the I-129 form, it asks if I have ever been denied the classification requested. Do I have to answer yes, based on last year’s registration?

Answer No, failing to have a registration selected is not the same thing as being denied a visa classification. (29.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2021,...

29 Dec 2021

Based on the rule change, I believe I am now eligible to use the drop box option. However, I still cannot secure an interview waiver appointment at the consulate in Chennai. Any chance appointments will open up in the near future?

Answer Trying to secure an appointment at a consulate has been an issue throughout the pandemic. The recent change to allow many more visa applicants to be eligible for an interview waiver (i.e., drop box) is a big step in the right direction, but it will...

29 Dec 2021

I am on STEM OPT, and my registration was selected. The end-client is allowing contractors and employees to work from home until the pandemic is over. Since there is no certainty as to when I will be returning to the office location, how do we list this on the H1B itinerary?

Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020. So, there is a good chance your employer is not required to submit an itinerary.That being said, if your employer is submitting an itinerary, there is no formal...

23 Dec 2021

I am currently in H1B status, but am in the process of applying for a change to H-4 status and for H-4 EAD. Can I continue to work while my H-4/EAD applications are pending?

Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...

23 Dec 2021

I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?

Answer Generally speaking, if a lawful permanent resident (i.e., "green card" holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....