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25 Nov 2020

My employer and I just realized that my H1B expired last week. I previously read that the USCIS is giving an additional 60 days to respond to certain USCIS requests, like RFEs. Does that mean we get an extra 60 days to file my H1B extension?

Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...

13:36 / FAQs / For Employers / For Individuals / USCIS News / Worker
19 Nov 2020

My employer is filing my H1B extension, but because of the new DOL rule, the prevailing wage has jumped up by about $30,000! My employer is not able to pay this amount. Are there any other options?

Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

17:06 / FAQs / For Employers / For Individuals / Worker
19 Nov 2020

After I was laid off from my H1B job a few months ago, I filed an application to change status to B-2. That application is still pending. A new employer wants to file an H1B for me. Can I start working upon filing?

Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...

17:03 / FAQs / For Employers / For Individuals / Worker
12 Nov 2020

I am in India and my H1B petition was approved, but I have not yet been able to get my visa stamp. Can I start working for the U.S. employer while I am still in India?

Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for  a U.S. company.  (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

16:49 / FAQs / For Employers / For Individuals / Worker