14 Aug 2019

My H1B was selected in the lottery, but it is still pending. If I travel outside the U.S. now, will that result in my H1B being denied?

Answer Generally speaking, if a person travels while an H1B petition is pending, any change-of-status request would be abandoned and the case could be approved only for consular notification. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07 Aug 2019

I am filing a change-of-status application from H1B to H-4 shortly before my H1B I-94 expires. Can I stay in the U.S. while the application is pending, even after my I-94 expires?

Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

07 Aug 2019

I applied for a visa stamp at the U.S. Consulate in Chennai, but was issued a 221(g). I submitted all the documents requested about 2 months ago, but still no word from the consulate. Do I have any options?

Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...

07 Aug 2019

I have an approved I-140 and am in H1B status. However, my H1B extension was just denied, so I will soon be departing the U.S. Do I have any options of returning? Will this impact my I-140?

Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...

31 Jul 2019

I received a promotion at my job, from Analyst to Senior Analyst. My worksite has not changed, and my job duties are very similar. Am I required to file an H1B amendment?

Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...

31 Jul 2019

My H1B petition was selected in this year’s lottery, and an RFE was issued. My project just ended, so my employer says he is going to file an H1B amendment for the case. Will this cause any problems?

Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...