06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

16 Mar 2023

I am on H1B, working for a large tech company. My I-94 is valid through next year. I recently was notified that I am being laid off. Technically, I will remain employed by the company for the next couple of months, receiving my regular salary and benefits. However, I will not be performing any work. When does my 60-day grace period start?

Answer The regulation states that the 60-day grace period starts upon the "cessation of employment." So, in a case like this, it has been open to interpretation whether the grace period starts following the last day the person performs work, or if it starts following the...