Changing status to H1B often involves a lengthy and somewhat unpredictable process. Because of the annual cap and uncertainties of lottery selection, many foreign nationals consider alternative processes as backup plans. As a result, there are a number of situations in which a foreign national...
The Office of Foreign Labor Certification (OFLC) at the U.S. Department of Labor (DOL) has announced that, as of 12:00 EST on October 1, 2019, labor condition applications (LCAs) required for H1B, H1B1, and E-3 petitions must be submitted via the Foreign Labor Application Gateway...
Answer No, generally speaking, one can only work as a W-2 employee - and only for the H1B petitioning employer(s) - while in H1B status. (04.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...
Answer Generally speaking, a pending H1B case would have no impact on a company's ability to file a PERM case on behalf of a current or prospective employee. (04.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
As announced in December 2018, the U.S. Citizenship and Immigration Services (USCIS) is in the process of implementing a registration system for employers seeking to file cap-subject H1B petitions. This system would replace the current H1B "lottery" system. Today, the U.S. Department of Homeland Security...
The U.S. Citizenship and Immigration Services (USCIS) announced a change today in the direct mailing addresses for certain H1B petitioners.As has been USCIS policy since 2017, most H1B petitions must be filed at a designated service center based on the state where the petitioner's primary...
Answer An invitation letter – whether it be the original or a copy – is not normally required. It can be helpful in certain situations, though. If presented during the visa application, a scanned copy typically would suffice. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy...
Answer Generally speaking, no, this would not work. In order to be able to port to a new H1B employer, one would need to have the change-of-employer petition filed within the 60-day grace period. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
The U.S. Department of State (DOS) has released the September 2019 Visa Bulletin, which is the last visa bulletin of fiscal year 2019. There is some forward movement in several categories, due to an unexpected drop in usage. Meanwhile, a number of other categories retrogress,...
Answer There normally are no forms that would need to be submitted in this situation. The 240-day extension of work authorization is automatic. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
