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....

04 Dec 2017

I am in H1B status with a valid I-94 and a pending H1B amendment. Can I apply for a change of status to H-4 while the amendment is still pending?

Answer Yes, assuming one otherwise qualifies for H-4 status, s/he ordinarily may apply for a change of status while an H1B amendment is still pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....

27 Nov 2017

I got my H1B visa stamp 4 years ago, but never traveled to the U.S. The U.S. company later revoked the H1B petition. If I am sponsored for an H1B now, do I have to go through the lottery?

Answer One who has an approved H1B petition and received an H1B visa 'stamp' normally is considered to be "counted against the cap" and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)In frequent sessions...