04 Dec 2017

I have been working in H1B for 3 years, but am now changing to F-1 status to get a degree in a completely different field. After graduating, would I then need to go through the lottery again to return to H1B?

Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap exempt....

06 Nov 2017

Can my employer sponsor me for a green card while I am on OPT? Or, do I need to first obtain H1B status before the green card process can be started?

Answer The green card process typically can be initiated while the foreign national is on OPT. There is no requirement that one have a particular visa status to be sponsored for a green card. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

02 Oct 2017

I was not selected in the H1B lottery, but my STEM OPT is valid for another year. Can my employer start my green card case, even though I am not on H1B?

Answer The "green card" process can typically be started at any time, regardless of one's current nonimmigrant status. (02.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...