09 Nov 2015

IT Positions Lead H1B Occupations in FY2015

The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has released data on labor conditions applications (LCA) filed in connection with H1B petitions during fiscal year 2015 (FY15). The information reflects the number of LCA filings, as well as the most common occupations, the...

02 Nov 2015

Can an H1B worker earn rental income?

AnswerGenerally, an H1B individual is only able to work for the H1B petitioning employer. With other income, the question is whether the USCIS would consider it to be evidence of unauthorized employment. The test would be whether this is an active or passive investment. For...

02 Nov 2015

Importance of Determining H1B Wage Levels

A decision issued by the U.S. Department of Labor earlier this year illustrates the importance of systematizing the selection of the wage levels when filing H1B petitions. In Quintanilla v. Myriad RBM Inc. the DOL considered whether the employer had paid the correct wage to...

26 Oct 2015

My H1B visa stamp expires in December, but my H1B petition was just approved through 2018. If I travel abroad, and plan to return before my visa stamp expires, do I still have to get a new stamp?

Answer The visa 'stamp' can be used as an entry document through its expiration date. This document can be used with the new extension, although that sometimes causes issues with "short" I-94s at the port of entry. So, be sure to present the latest I-797 approval...