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19 Nov 2020

After I was laid off from my H1B job a few months ago, I filed an application to change status to B-2. That application is still pending. A new employer wants to file an H1B for me. Can I start working upon filing?

Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...

17:03 / FAQs / For Employers / For Individuals / Worker
12 Nov 2020

I am in India and my H1B petition was approved, but I have not yet been able to get my visa stamp. Can I start working for the U.S. employer while I am still in India?

Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for  a U.S. company.  (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

16:49 / FAQs / For Employers / For Individuals / Worker
12 Nov 2020

Is premium processing now available for H-4 and H-4 EADs? If not, do we know when it will be made available?

Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing, including...

16:42 / Employment Based / FAQs / For Employers / For Individuals / Resident / USCIS News / Worker
07 Nov 2020

NewsFlash! Joe Biden Elected 46th President of the United States

This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected...

11:51 / Citizen / For Employers / For Families / For Individuals / Legislation / NewsBrief / Resident / Student / Travel / Visitor / Worker
05 Nov 2020

My PERM and I-140 were filed many years ago for a Software Engineer position. I have recently been promoted to a managerial position, and am about to file my I-485. Can I list the new position on the Supplement J?

Answer When filing an I-485, the Supplement J is generally included to show that the original job offer still remains. After the I-485 has been pending for 180 days, it typically is possible to port to a different position (whether it is with the initial employer...

17:23 / FAQs / For Employers / For Individuals / Resident / Worker
29 Oct 2020

My registration was selected in the second H1B lottery this year, and my employer is about to file my H1B cap case. Will the new rule about the H1B lottery impact my case?

Answer No, that is merely a proposed regulation. Until and unless it is finalized, it will not impact anyone's cases. Further, even if it is finalized, it would not impact registrations already selected in the H1B lottery. (29.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that...

17:13 / FAQs / For Employers / For Individuals / Worker