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09 Jan 2020

My employer did not run my payroll for several months, but is now paying me those wages in lump sums in January and February 2020. Because of this, the total wages listed on my 2019 W-2 is well below the wage on my LCA. Will this cause problems with my H1B extension?

An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...

10:12 / FAQs / For Employers / For Individuals / Worker
09 Jan 2020

My project is about to end and I need to move to a new H1B employer. I found a company willing to sponsor me, but the position is only 20-hours per week. Is that ok? If I find a second employer to sponsor me for another part-time position, can I work for both companies at the same time?

An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...

10:01 / FAQs / For Employers / For Individuals / Worker
09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

09:58 / FAQs / For Employers / For Individuals / Worker
26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

11:47 / Consulates / FAQs / For Employers / For Individuals / Worker
20 Dec 2019

January 2020 Visa Bulletin: Updated Predictions

The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...

10:44 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
12 Dec 2019

Employer B filed an H1B change of employer petition for me, and it was just approved. I now wish to remain with Employer A. Is that possible?

Answer Generally speaking, there is no requirement that the beneficiary move to the new employer once the H1B change of employer has been approved. As long employer A's approved H1B petition remains valid, the H1B worker typically is permitted to remain with that employer. (11.Dec.2019)Sheela Murthy...

12:54 / FAQs / For Employers / For Individuals / Worker