Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...
On October 30, 2023, U.S. President Joseph Biden issued a wide ranging executive order on artificial intelligence (AI) which, in part, calls for the expansion of immigration opportunities for highly skilled foreign nationals with expertise in AI or other critical and emerging technologies to study,...
On October 24, 2023, the U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying aspects of the two-year foreign residency requirement for certain J-1 visa holders. The policy update provides guidance on how the USCIS determines whether an individual has met the foreign residency requirement...
Answer No, ordinarily, there is no required period an H1B worker must wait before moving to a new employer. (08.Nov.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 © 2023,...
Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...
Answer Generally, no, the USCIS will not notify one's current employer that another employer has filed a change of employer petition. (02.Nov.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...
Answer In order to be eligible for a new 6-year period of H1B time, one would need to leave the U.S. for at least one year and then go through the lottery again. In your situation, it sounds like you could return without going through the...
Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment and...
Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...
