04 Jan 2024

I am working in H1B status for Employer A. Employer B filed a change-of-employer petition for me, which was approved. When I went to give my two-week notice to Employer A, however, they offered me a raise and some additional benefits, so I decided to stay in my current job. Are there any immigration complications created by not joining Employer B?

Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...

28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

28 Dec 2023

I have been working in H1B status for a company for a few months, but am not happy with the position. When I first joined, I signed a contract that said, if I quit my job before I work for at least 18 months, I would be required to reimburse the employer for the costs involved in filing my H1B petition. Am I really required to pay this amount?

Answer An employer cannot impose a “penalty” against an H1B worker who leaves the company before the end of the H1B term. An employer, however, may be able to include a “liquidated damages” clause in an employment contract to recover certain expenses. The federal regulation explains,...

28 Dec 2023
20 Dec 2023

My H-4 and H-4 EAD have expired and my extensions are pending. Is it true that I am allowed to continue to work for up to 180 days?

Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse's I-94 remains valid. (20.Dec.2023)Sheela Murthy and other senior attorneys...

20 Dec 2023

I am currently working in H1B status as a mobile developer, and I have been offered a position in cybersecurity. Is it true that there is a higher chance of an RFE and/or denial if an H1B change-of-employer is filed where the person will be moving to a different field?

Answer The fact that an H1B worker is moving to a different field really has no bearing. Assuming the individual meets the requirements for the position, and the other basic H1B requirements are met, there really is no need to worry about the fact that the...

20 Dec 2023

NewsFlash! Details of Domestic Visa Renewal Program Released

The details of the U.S. Department of State (DOS) pilot program to resume renewals of H1B visas from within the United States have been released, and will be officially published in the Federal Register tomorrow. The program will begin accepting applications on January 29, 2024....