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20 Dec 2023

I am currently working in H1B status as a mobile developer, and I have been offered a position in cybersecurity. Is it true that there is a higher chance of an RFE and/or denial if an H1B change-of-employer is filed where the person will be moving to a different field?

Answer The fact that an H1B worker is moving to a different field really has no bearing. Assuming the individual meets the requirements for the position, and the other basic H1B requirements are met, there really is no need to worry about the fact that the...

18:19 / FAQs / For Employers / For Individuals / Worker
20 Dec 2023

NewsFlash! Details of Domestic Visa Renewal Program Released

The details of the U.S. Department of State (DOS) pilot program to resume renewals of H1B visas from within the United States have been released, and will be officially published in the Federal Register tomorrow. The program will begin accepting applications on January 29, 2024....

10:33 / Consulates / For Employers / For Families / For Individuals / H-4 Dependents / H1B / NewsBrief / Nonimmigrant Family / Travel / Worker
14 Dec 2023

I am in L2S status. I understand that I am automatically authorized to work, but that I am also eligible to apply for an EAD. Is there any reason to apply for an EAD while in L2S status?

Answer There typically is no need to apply for an EAD while in L2S status. There are some relatively unusual scenarios where, perhaps, it would have been best if the L2S spouse had applied for an EAD. But, for most L and E dependent spouses, there...

07:16 / FAQs / For Families / Nonimmigrant Family / Worker
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...

07:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
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...

09:18 / FAQs / For Employers / For Individuals / H1B / Worker
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...

17:40 / FAQs / For Individuals / Travel / Worker
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...

18:31 / Consulates / FAQs / For Individuals / Worker
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...

18:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker