04 May 2023

With all the news about fraudulent / duplicate H1B registrations submitted this year, does this mean there will be a second H1B lottery?

Answer We likely will not know for sure about a second lottery until July, at the earliest. But, given that there appears to have been a significant number of duplication registrations submitted, there definitely is reason to think a second lottery may be necessary. (03.May.2023)Sheela Murthy...

04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

03 May 2023

Priority Dates: How Does the Visa Bulletin Work?

The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...

20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...