Each year, thousands of F-1 students are granted a change of status to H1B, with an effective start date of October 1st. But plans sometimes change before the start date. The employer may withdraw the H1B petition before it ever takes effect, leaving the student...
On September 24, 2025, the U.S. Department of Homeland Security (DHS) will publish a proposed rule in the Federal Register titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” If finalized, the rule would change the H1B cap registration process...
Following our earlier NewsFlash, new statements from the White House and additional reporting provide some clarification on the new $100,000 fee affecting H1B workers abroad. However, key details remain uncertain, and we will continue to provide analysis as more information becomes available. Effective Date and Scope...
Last night, Trump issued a proclamation to restrict the entry of certain nonimmigrant workers, specifically targeting the H1B visa program. The proclamation, which goes into effect at 12:01 a.m. EDT on September 21, 2025, requires employers to pay a $100,000 fee to accompany a visa petition...
Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Consular posts typically may issue an H1B visa “stamp” up to 90 days prior to the start date listed on the approved H1B petition. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Yes, a foreign national ordinarily may continue to work in the H1B position until the H-4 COS is approved. Once the COS is approved, one typically may not work until the EAD is issued. The EAD may be issued around the same time as the...
Answer Generally speaking, a B-1/B-2 visa is not tied to any particular employer and remains valid through the date indicated on the visa. (22.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
