30 Jan 2020

My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...