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

Frequently Asked Questions about the H-1B 60-day Grace Period

Written on 05 May 2020.

1. What are the basic requirements of the 60-day grace period? To qualify for the 60-day grace period, you would need to have a valid I-94 and a “cessation” or termination of employment. Note, if you are transferring to a new company (Company B)...

Working for Multiple H-1B Employers Possible Through Concurrent H-1B Employment

Written on 01 May 2020.

The COVID-19 pandemic has forced employers and employees to quickly adjust work arrangements to ensure business continues seamlessly. Many employers have implemented remote work arrangements and, in some cases, adjusted employee work hours and pay....

Terminating an H-1B Employee due to Unavailable Work during COVID-19

Written on 16 April 2020.

Due to the unexpected unavailability of work, employers may need to consider terminating their H-1B employees in response to the COVID-19 pandemic. Temporary layoffs, furlough, or benching of an H-1B employee due to unavailable work is not permissible....

H-1B Cap Subject Electronic Registration Selection Process Completed

Written on 27 March 2020.

Today, March 27, 2020, USCIS announced that it has received enough electronic registrations during the initial period to reach the Fiscal Year 2021 (FY 2021) H-1B numerical cap. USCIS randomly selected from among the registrations that were deemed...

Reminder! Qualifying for the H-1B Master’s Cap

Written on 21 February 2020.

With the new electronic registration system implemented for the upcoming H-1B lottery, attorneys/employers will need to indicate whether the registrant (the prospective H-1B beneficiary) will be filed under the Master’s cap or the regular cap in order...

Late H-1B filings may result in unauthorized employment and unanticipated consequences

Written on 03 February 2020.

Before an H-1B worker can begin work with a new employer or at certain new work locations, an H-1B petition for transfer or amendment must be filed with USCIS. If the worker begins work prior to the required filing, he or she may be identified by immigration...

How the New H-1B Lottery Impacts F-1 OPT Cap-Gap

Written on 21 January 2020.

The upcoming H-1B lottery season will be significantly different than how it has been in recent years. These changes will have a significant impact on F-1 nonimmigrants that are on OPT/STEM OPT that seek to utilize cap-gap to extend their...

USCIS Provides Additional Information on Electronic Registration Process for Next H-1B Cap Season

Written on 09 January 2020.

USCIS has formally announced and released more information on the implementation of the electronic registration process for the upcoming FY2021 H-1B lottery. This announcement is a follow up to USCIS’ previous notice on December 6, 2019 regarding the...

Working Outside the U.S. While on H-1B

Written on 27 December 2019.

An individual working outside the U.S. is not subject to U.S. immigration laws. Therefore, it is permissible for a foreign national to work for their U.S. employer while outside the country. While working for the U.S. employer an individual...

USCIS Announces H-1B Electronic Registration Process for Next H-1B Cap Season

Written on 06 December 2019.

Today USCIS announced that it will be implementing the electronic registration process for next year’s H-1B lottery. According to USCIS, the initial registration period will be open March 1, 2020 through March 20, 2020. All those seeking to file an...

How do you know if an H-1B worker is qualified for the specialty occupation position?

Written on 22 November 2019.

One of the requirements that must be satisfied in order to receive H-1B visa status is that the H-1B worker must be qualified for the H-1B specialty occupation. The primary way to demonstrate an H-1B worker is indeed qualified...

FAQ's on Consular Processing

Written on 27 August 2019.

U.S. consulates are set up around the world to assist and protect U.S. citizens and facilitate trade and friendship between the people of the United States and foreign country. There are more than 20 nonimmigrant visa types for people traveling to...

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 year. This...

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...

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