Video URL
H-1B lottery/random selection FAQs
Friday, May 3, 2024 - 05:40
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
Tuesday, September 12, 2023 - 05:44
H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries
Question
Question 1: Can my H-1B be approved after the lottery, and can I change employers?
Question 2: Do I need pay stubs for an H-1B transfer?
Question 3: Can I have multiple H-1B employers?
Answer
Wednesday, July 19, 2023 - 23:59
Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal
Question
Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.
Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?
2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?
3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.
Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?
Answer
Monday, May 8, 2023 - 00:16
Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
Question
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
Answer
Thursday, March 9, 2023 - 03:12
FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery
Question
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
Answer
Tuesday, February 28, 2023 - 20:16
H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs
Question
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
Answer
Monday, February 27, 2023 - 07:56
Is cap gap extension continuation of F-1 status?
Question
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
Answer
See this link: https://studyinthestates.dhs.gov/students/h-1b-status-and-the-cap-gap-e…
U.S. Department of Homeland Security established regulations that automatically extend F-1 status and, if applicable, post-completion OPT employment authorization from April 1 to Sept. 30 for eligible F-1 students. We call this the cap gap extension. The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. The gap is the period between the end of an individual’s F-1 status and the beginning of the individual’s H-1B status. The cap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct.1.
Thursday, December 22, 2022 - 23:17
H-4EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B
Question
My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?
Answer
Thursday, December 15, 2022 - 08:18
H-1B applying for a job from outside the US
Question
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
Answer
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.
Friday, June 24, 2022 - 12:53
H1B Transfer before October 1
Question
Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know
Answer
If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.
Sunday, June 19, 2022 - 12:39
Layoff after H-1B Lottery Selection
Question
Hello Rajiv, I recently got layoff from my employer but I was lucky enough to get selected for the H-1B lottery. The bad thing is that they still haven't submitted my H-1B petition yet. I am wondering if I have an offer from a different/new employer, will they be able to file the H-1B petition for me?
Answer
Unfortunately, lottery selection cannot be transferred to another employer. If the H-1B is approved and not withdrawn before October 1, it can be transferred.
Friday, June 17, 2022 - 07:36
H-1B petition after F-1 rejection
Question
Hello, this is for my niece, a 28 years Engineering graduate from India, with 4 years of IT development work experience. She got her name in H1b lottery through a small consultancy firm and the consultancy firm is asking us to pay H1b fee to proceed further. But in her case, she have had a F1 student visa denial about 3 years ago and so we are debating if she stands a chance to get H1b or is it more likely to get denied again since she is coming through a smaller consultancy firm. Any advice will be highly appreciated.
Answer
The H-1B fees and expenses must be paid by the employer. It is illegal for them to demand any fees from a potential employee.
Tuesday, March 22, 2022 - 06:44
Relation between F-1 OPT and H-1B lottery change of status and changing employers
Question
I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate
1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?
2. Can Company A retract my H-1B if I leave them?
3. Being on F-1 can Company A start my green card if I win the H-1B lottery?
Answer
Thursday, March 25, 2021 - 06:48
H-1B revoked by the USCIS - impact on Quota/lottery exemption
Question
I have question to related to H1B revocation and Cap exemption.
I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)
Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
Answer
Wednesday, March 24, 2021 - 08:21
F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?
Question
1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?
2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?
3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?
4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.