10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...

10 Jul 2024

I am currently on H1B status. A good friend of mine owns a business, and he has offered to have his business file a PERM case for me. Is this allowed?

Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...

10 Jul 2024

I have an H1B visa in my Indian passport. I recently became an Australian citizen. Is it possible to transfer the visa to my Australian passport, or to travel based on the visa that is in my Indian passport?

Answer Unfortunately, no. There generally is no way to transfer a U.S. visa from one passport to another. In situations where you simply renew a passport issued by the same country, and you have a valid visa in your old passport, it normally is possible to...

03 Jul 2024

I am in H1B status, and my family is in H-4. Our I-94s were all extended through 2027, but our visa stamps expired last year. My wife and kids wish to travel to India for a few weeks. Can they go for stamping, even though I plan to stay in the U.S., or do I have to apply first?

Answer Generally speaking, if the principal spouse is in valid H1B status, it is possible for the dependents to apply for H-4 visa “stamps.” There normally is no need for the H1B worker to obtain a new H1B visa unless and until s/he will be traveling...

03 Jul 2024

Shortly before my I-94 expired, I applied for my H-4 extension. The following week, the USCIS rejected my package because there was a missing page in my form I-539. I immediately refiled the application with the missing page, and I included the rejection letter. But, by then, my I-94 already had expired. Will the USCIS honor the original filing date?

Answer Ordinarily, if an application is filed and then rejected by the USCIS, the USCIS will not honor that as the filing date. The filing date is established only when a case is properly filed with the USCIS.Note that a rejected filing is different from a...