30 Sep 2021

Several years ago, a company filed an H1B petition for me in the lottery. It was approved and I was issued an H1B visa stamp by the consulate, but I never actually entered the U.S. If I find a company willing to sponsor me for an H1B job, do I have to go through the lottery again?

Answer In general, if a foreign national is granted H1B status or issued an H1B visa "stamp,"  that individual is considered to have been counted against the H1B cap. A foreign national who has been counted against the H1B cap, but has not used any H1B...

22 Sep 2021

October 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. The October 2021 Visa Bulletin included predictions, but Mr. Oppenheim provided some additional information during the program. Most notably, he provided more...

16 Sep 2021

I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?

Answer With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)Sheela Murthy and...

13 Sep 2021

NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin

The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing chart (i.e., Chart B) is to be used for virtually all family and employment-based categories in the October 2021 Visa Bulletin. The only...

10 Sep 2021

MurthyAudio: Site Visits by ICE/FDNS

The latest trends and practical tips for when government agencies contact companies regarding compliance with H1B/L-1 petitions are discussed by Murthy Law Firm attorneys in this 01.Sep.2021 podcast.The MP3 is available here, and in the archive of our teleconferences and podcasts on iTunes. Copyright © 2021,...

02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...