20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...

13 Apr 2023

I am a pujari (Hindu priest) in India. A temple in the United States has agreed to sponsor me for an R-1 religious worker visa. The temple has never filed an R-1 petition, and was informed there is no way to expedite the case until the USCIS conducts a site visit. Is this correct?

Answer Historically, a religious organization filing an R-1 petition for the first time was not allowed to use premium processing until a site visit had been conducted. Based on a policy change from a few weeks ago, however, it appears the U.S. Citizenship and Immigration Services...

06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...