02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

02 Feb 2023

R-1 Visa Requirements

Congress created the R-1 visa classification to allow religious organizations to bring different categories of religious workers from affiliated religious organizations overseas to staff organizations in the United States for a temporary period. A basic overview of the R-1 nonimmigrant visa category is provided here...

26 Jan 2023

I have a valid H-4 visa stamp in my passport. I am applying for an H1B stamp in a few weeks. If the H1B stamp is denied, can I still travel to the U.S. on my H-4 stamp?

Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...

19 Jan 2023

I understand it is possible to be employed by two different companies at the same time while in H1B. Does it matter if the positions are in two different fields?

Answer No, it does not matter if the positions are in two different fields, provided the individual is qualified for both positions. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

19 Jan 2023

I am not able to get an experience letter from my previous employer. To show I qualify for an EB2 position, can I instead submit affidavits from my former coworkers?

Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Jan 2023

I am in H1B status and have an approved I-140. I recently got married in India and my wife is waiting for her appointment at the consulate to apply for an H-4 visa stamp. Can she apply for an H-4 EAD now, while she is still in India?

Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright ©...

05 Jan 2023

I just earned my MBA from a state university. I also have a bachelor’s in chemistry. I found an employer to sponsor me for an H1B position in the upcoming lottery, but the position is related to my degree in Chemistry, not my MBA. Can I still qualify for the master’s cap?

Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that...