09 Jan 2020

My project is about to end and I need to move to a new H1B employer. I found a company willing to sponsor me, but the position is only 20-hours per week. Is that ok? If I find a second employer to sponsor me for another part-time position, can I work for both companies at the same time?

An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...

09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

02 Jan 2020

I will soon be completing a J-1 medical residency program. I read online that it is possible to get a “no objection” waiver to the J-1 home residency requirement. How do I apply for this?

Answer There is a no objection waiver to the home residency requirement. Generally speaking, however, if a foreign national used the J-1 program to attend a medical residency program, they would not be eligible to use the no objection option. (02.Jan.2020)Sheela Murthy and other senior attorneys...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

26 Dec 2019

I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?

Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...

19 Dec 2019

I was born in India, but just received citizenship in Canada. Can I now move to the Canada queue for a green card?

Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...