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15 Apr 2025

I am on H1B working for Company A and I received a job offer from Company B. I initially agreed to join Company B, but I have since changed my mind. If Company B’s H1B transfer is approved, what are my options to keep my job with Company A?

Answer Even if the USCIS approves an H1B change of employer, there generally is no requirement under immigration law that you join the other employer. Assuming Employer A’s petition is still valid, you typically are not required to take any action in order to continue working...

18:32 / FAQs / For Individuals / Worker
10 Apr 2025

Best Practices for Noncitizens Returning to the U.S.

In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that...

10:19 / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
02 Apr 2025

I am on H1B working at a client location. My project recently changed to a different end client located less than one mile away. Does my employer need to file an H1B amendment?

Answer An H1B amendment generally would not be required based solely on the change in work location, where the new work location is within the same MSA and/or within reasonable commuting distance from the prior location. However, if there has been some other material change, such...

12:21 / FAQs / For Employers / For Individuals / Worker
26 Mar 2025

I am in H1B status and am trying to fill out an online form I-539 so I can change to H-4. The form asks me to list my current status, but the drop-down menu does not provide H1B as an option. What should I do?

Answer This question on the online I-539 is a bit confusing. To indicate you are in H1B status, you must select the “1B1 - H-1B1 Specialty Occupation” option. (26.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

13:13 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / USCIS News / Worker
19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:15 / Consulates / FAQs / For Employers / For Individuals / Worker