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cap petition

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa. H-1B and E-3 VisaImmigration

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…
December 30, 2020
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District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure H-1B and E-3 VisaImmigration

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…
December 3, 2020
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How much do I have to pay an H-1B employee? What is a prevailing wage? How do I find out what is the prevailing wage? H-1B and E-3 VisaImmigration

How much do I have to pay an H-1B employee? What is a prevailing wage? How do I find out what is the prevailing wage?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. As an H-1B employer, you have to pay the H-1B employee the higher of either the actual or prevailing wage (this is called the…
June 12, 2020
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What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process? H-1B and E-3 VisaImmigration

What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?

On January 9, 2020, USCIS formally announced details of the new H-1B cap registration process for FY 2021. The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer…
February 3, 2020
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I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B? H-1B and E-3 VisaImmigration

I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B?

H-1B visa is a non-immigrant visa that permits a U.S. company to hire workers in specialty occupations. The H-1B visa may be granted for up to 6 years. We sometimes get the following question from potential clients: Company X sponsored…
December 20, 2019
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What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status? H-1B and E-3 VisaImmigrationL-1 Visa

What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. The beneficiary (the foreign worker) must have a Bachelor’s degree or higher. You can be granted H-1B status in the U.S. for a maximum…
November 19, 2019
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H-1B Change of Employer Petition Approval for an Accountant at the U.S. Consulate in New Delhi for a National of India Approvals

H-1B Change of Employer Petition Approval for an Accountant at the U.S. Consulate in New Delhi for a National of India

We just had an H-1B petition approval at the U.S. Consulate in New Delhi. USCIS approved the I-129 change of employer petition (because the Beneficiary was outside the U.S. the petition was filed as Consular Processing and not Change of…
October 3, 2019
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What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status? H-1B and E-3 VisaImmigration

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap season, your employer files an H-1B Cap Change of Status petition and the case is selected…
September 30, 2019
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