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Most Common Q & A

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  • Q1.When must I begin working for the new company after my H-1B change of employment request has been approved? How long may I be employed by my initial H-1B employer?

    You may continue to work with your first H-1B employer as long as their approval is still in effect.  You are under no obligation to begin employment with the new employer, and if you don't start with them within 60 days, they should revoke their H-1B petition.

  • Q2.My H-1B visa application was sent for administrative processing. During this time, I got a better job offer. Am I allowed to transfer my visa and get a stamp upon approval of the new petition?

    Possibly, but you will have to withdraw the pending visa application first.

  • Q3.I got an RFE for my H-1B petition, and my spouse got one for his/her H-4 application. Is it acceptable to send the answers to both in the same envelope?

    There is no issue; in fact, to ensure that USCIS receives the documents simultaneously, you should send both responses in the same package.

  • Q4.I have an H-1B amendment waiting, but my I-94 is good until [future year]. Can I leave the US at this time?

    Previously, you could leave the country as long as your H-1B status and "stamp" were still valid, but under the current administration, it is preferable to wait for your adjustment to be accepted so that there would be no confusion when you attempt to re-enter.

  • Q5.When will I get the letter notification that my H-1B extension has been authorized, according to my online case status?

    The I-797 notice should typically arrive 7–10 days after your case status has been updated electronically.

  • Q6.Can I continue with both of my H-1B petitions—which were submitted by two distinct companies for two different projects—or do I need to withdraw one of them?

    If the job positions are unrelated, you do not have to withdraw either one. If you get approved for both, you must choose one.

  • Q7.Can I change jobs before the start date if my H-1B lottery application was approved while I was on Optional Practical Training?

    Since you won't have H-1B status until X, switching jobs would require the original H-1B employer to revoke the petition that was approved in order for you to do so.  Your "cap number" and H-1B eligibility could be lost if you withdraw before [X] starts.  A lawyer should be consulted for guidance specific to the circumstances of your case, but generally speaking, no attempt should be made to shift employers before an approved H-1B start date.

  • Q8.What is the time that USCIS takes to respond to an RFE response?

    Typically, within 60 days of receiving the RFE response.

  • Q9.Am I allowed to cross the border for work if my H-1B is for the U.S., but I reside in Canada?

    You will not have to file for an amendment if your H-1B job and worksite are the same.

  • Q10.I have a valid I-94 and H-1B status, but there is a pending amendment. Can I travel abroad without risking my immigration status?

    You should wait until your amendment is approved before departing the nation, just to be safe.

  • Q11.Am I allowed to leave the country if my H-1B lottery case is still pending?

    If your petition is approved, you need to get a “stamp” at a consular office to be in H-1B status. This will happen if you leave the country when your petition is pending.

  • Q12.Are my parents able to come to the U.S. as dependents while I am on H-1B?

    No. An option for them may be an extension of B-2 Visa as “household members”.

  • Q13.Can I check if my H-1B petition was submitted by my employer?

    No, you must confirm with your employer unless you have the receipt number.

  • Q14.Can I change from H-1B to F-1 status?

    Yes. You can change to F-1 status to complete your education and then your employer can fill out an H-1B to resume the rest of the six-year status for this visa.

  • Q15.If I switch from H-1 to F-1, do I need to enter the H-1B lottery again to get a job?

    No, as long as your initial H-1B period did not go past six years.

  • Q16.I recently converted my status to H-1B and am currently valid, but I do not have an H-1B visa stamp. Since I will shortly be visiting [a border city or state], would this present a problem?

    Although travel within the US shouldn't be problematic, there may be immigration checkpoints in [boundary city/state]—they aren't looking for a valid visa stamp.  Your current passport and a copy of your I-94 should be sufficient as proof of your current status.

  • Q17.Can a new employer file an H-1B for me now that my application for a change of status from H-1B to F-2 is pending?

    Although it's conceivable, you should be aware that your position would be determined by the most recent approval to take effect.  So that you do not find yourself in F-2 and unable to accept gainful job, you should speak with our team. Call us today.

  • Q18.Can my spouse use his or her H-4 EAD to continue working if I switch to a new H-1B employer?

    Yes, your spouse's EAD shouldn't be impacted by your new employer.  However, the employer may still rescind the I-140 approval if it is less than 180 days old in which case your spouse's EAD would not be prolonged.

  • Q19.Can another employer file an H-1B petition on my behalf while the 221(g) case is still pending after I submitted an application for an H-1B visa at a consulate and received a 221(g) notice?

    The other employer may submit an H-1B petition for processing at the consulate.  [What happens if the 221(g) case is successfully resolved and the second H-1B petition is likewise granted?  What about first in time?  Does the beneficiary get to choose their employer?]

  • Q20.How does H-1B beneficiary consular processing operate if the beneficiary is in the US?

    I-94 cards are not typically issued along with H-1B approvals; instead, the beneficiary must depart the country and then return with a current H-1B status.