14 Dec 2023

Is there any problem if I am sponsored for an H1B change of employer while my wife’s H-4 EAD application is pending?

Answer An H1B change-of-employer petition ordinarily would not have any direct impact on a spouse's pending H-4 EAD. (14.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY...

07 Dec 2023

I used about 4 years of H1B time and then left the U.S. It has been more than a year since I was last in the U.S. Does that mean I am now eligible for a fresh 6-year period of H1B time?

Answer Generally speaking, in order to be eligible for a new 6-year period of H1B time, the individual would need to be outside the U.S. for at least one year and then apply through the lottery again. Ordinarily, simply leaving the U.S. for one year or...

30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

15 Nov 2023

When my H1B petition was filed, my employer listed on the I-129 that the consulate in Chennai should be notified. I actually want to apply for my visa stamp in Hyderabad, though. Will that be a problem?

Answer Normally, applying for a visa foil (or "stamp") at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)Sheela Murthy and...

15 Nov 2023

Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again?

Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...