08 Dec 2022

The USCIS issued an RFE on my H1B petition, and my employer just responded to it. The case was filed for premium processing, and I am in a rush to get it approved. How likely is it that the USCIS will issue a second RFE?

Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...

01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...

01 Dec 2022
28 Nov 2022

DACA Implemented as a Regulation

On October 31, 2022, a new final rule on Deferred Action for Childhood Arrivals (DACA) went into effect. The implementation of this final rule means that DACA – a program that provides certain temporary protections and benefits to qualifying undocumented immigrants who were brought to...

23 Nov 2022

I got into a dispute with my former H1B employer regarding a nondisclosure agreement, and they are threatening to sue me. Will this impact my H1B status or ability to get a green card in the future?

Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

23 Nov 2022

I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me. Once the petition is approved, can I use my existing H1B visa stamp, or do I need to get a new one with the current employer’s name?

Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...