Changing status to H1B often involves a lengthy and somewhat unpredictable process. Because of the annual cap and uncertainties of lottery selection, many foreign nationals consider alternative processes as backup plans. As a result, there are a number of situations in which a foreign national...
Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...
Answer Ordinarily, an employer is not obligated to provide anyone with a experience letter. If one cannot obtain an experience letter from a current or former employer, there may be other documents that can be used place of such a letter (e.g., co-worker affidavits confirming your...
Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...
The Office of Foreign Labor Certification (OFLC) at the U.S. Department of Labor (DOL) has announced that, as of 12:00 EST on October 1, 2019, labor condition applications (LCAs) required for H1B, H1B1, and E-3 petitions must be submitted via the Foreign Labor Application Gateway...
Recent college graduates in F-1 status are sometimes able to bridge the time between the expiration of their optional practical training (OPT) and the October 1st start date of H1B status through a benefit known as "cap gap" OPT. This benefit extends the OPT period...
Answer There is no requirement that a person be fired in order to make use of the grace period. So long as the person meets the standard requirements for using the grace period, it can still be used regardless of whether the person quits or is...
Answer No, generally speaking, one can only work as a W-2 employee - and only for the H1B petitioning employer(s) - while in H1B status. (04.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...
Answer Generally speaking, a pending H1B case would have no impact on a company's ability to file a PERM case on behalf of a current or prospective employee. (04.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
As announced in December 2018, the U.S. Citizenship and Immigration Services (USCIS) is in the process of implementing a registration system for employers seeking to file cap-subject H1B petitions. This system would replace the current H1B "lottery" system. Today, the U.S. Department of Homeland Security...
