H-1B - Reddy & Neumann, P.C

The 240 Day Rule for Continued Work Authorization

Written on 15 July 2019.

Due to the long processing times and the lack of premium processing for most of last year, many diligent employers have been left concerned over how long their employees with pending petitions are authorized to continue working. In many cases, these...

Selected in the Quota Lottery? 3 Key Reminders

Written on 21 June 2019.

#1: Cap-gap is automatic. The cap-gap extension is automatic for students with a pending H-1B petition that requested a change of status. This is only granted if the student was on valid OPT or STEM OPT on the day the H-1B petition was filed and their...

How to Handle Employees on Cap Gap

Written on 31 May 2019.

We’ve reached that time of the year again where employers of foreign student workers must navigate their employee’s work authorization while their H-1B quota petition is pending. Unfortunately, long wait times have become the new normal...

Proposed H-1B Regulation Changes Could Greatly Impact Consulting Companies

Written on 24 May 2019.

The Department of Homeland Security (DHS) recently published its Spring 2019 regulatory agenda, which lists rules that the federal government expect to take action on in the next few months. The agenda gives insight as to the agency’s priorities. One...

When is a person considered as counted against the H-1B cap?

Written on 21 May 2019.

The H-1B nonimmigrant classification is one of the most common ways for a foreign national to come to the United States to work on a temporary basis. There is a limit on the number of available H-1B visas that can be issued in each fiscal...

USCIS Completes Data Entry for FY 2020 H-1B Cap Season

Written on 20 May 2019.

Today USCIS announced that it has completed data entry for all fiscal year 2020 H-1B cap-subject petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected in the lottery and will announce when they have finished...

What records are required to be kept for H-1B nonimmigrant employees?

Written on 03 May 2019.

Employers of H-1B, H-1B1, and E-3 nonimmigrant employees must comply with Department of Labor (DOL) requirements regarding record keeping. These records should be kept as part of the company’s H-1B Public Access Files (PAF) that are made available...

“Can I file an H-1B or H-4 petition after my I-94 expires?” How to Use the Nunc Pro Tunc Argument to Reinstate Status

Written on 02 May 2019.

An extension of status generally must be filed before the expiration of the I-94. However, sometimes situations arise where this does not happen and an H-1B petition must be filed after the I-94 expires. A common scenario is when an H-4 is not filed...

Premium Processing Will Resume for H-1B Petitions Filed On or Before December 21, 2018

Written on 15 February 2019.

Today, USCIS announced that premium processing will resume Tuesday, February 19th, but only for H-1B petitions that were filed on or before December 21, 2018: “USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed...

Final Rule Announced by DHS Regarding Changes to the H-1B Lottery

Written on 30 January 2019.

As you may recall from our previous article on November 30th the Department of Homeland Security (DHS) published proposed changes to the H-1B lottery procedure. This morning DHS posted its final rule regarding H-1B cap-subject petitions, which is scheduled...