16 Dec 2020

I am working in H1B on as Senior Software Engineer, which was filed as a wage level 4 position. If I move to similar position with a different employer, can I be sponsored for a wage level 3 position?

Answer The wage level is determined by the requirements for the position. Working in a level 4 position now does not prevent an employer from later sponsoring you for a level 3 (or 2 or 1) position. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

16 Dec 2020

I was recently laid off from my job and am looking for a new employer. I am supposed to travel for a short trip to Canada. Can I travel and then return on H1B before the end of my 60-day grace period?

Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...

10 Dec 2020

I have about 18 months of STEM OPT remaining, but my H1B change of status was recently approved. Is it possible to get back into F-1 status to use the rest of my STEM OPT?

Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...