Attorney_22 Posted June 11, 2020 Report Posted June 11, 2020 This week, Murthy Law Firm attorneys will answer questions regarding H1B cap. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
gvr841 Posted June 11, 2020 Report Posted June 11, 2020 Hi, I have H1B petition Stamped in Jan 2005 but never used. But I came to US on different visas like ( L1B, L1A).. Now Can I use the unused H1B? I did not change my employer.
BlueStarApple Posted June 12, 2020 Report Posted June 12, 2020 OPT STEM expiring June 20, LCA filed and awaiting approval by tomorrow (12 June, 2020). Can DSO provide me with Cap-Gap on fedx receipt? Also, will DSO be able to provide me with Cap-Gap extension once I enter 60-day grace period? Is premium processing helpful as I wait for H1-B receipt?
stoicburrito Posted June 12, 2020 Report Posted June 12, 2020 My H1-B has been picked up in the lottery but I lost my job a month back and I have not been able to find a project due to this on going pandemic and my employer doesn’t want to file my H1-B because I don’t have a project in hand. My only concern is I want my H1-B to be filed and I want to know if there is any chance to do that so that I can speak about that with my employer. Thank you
Dart Posted June 15, 2020 Report Posted June 15, 2020 Hi, I am currently on OPT and my employer had applied for my lottery for H1B for the current year. I got selected in the lottery but then due to COVID-19, I was furloughed from my job. Now my employer is not moving forward with filing the visa petition. I have found a new employer, my query is that can that new employer applies my H1B visa petition on the same lottery? If not, then what are the options available for me to apply for H1B visa on the current lottery selection.
Attorney_22 Posted June 18, 2020 Author Report Posted June 18, 2020 On 6/11/2020 at 7:39 PM, gvr841 said: Hi, I have H1B petition Stamped in Jan 2005 but never used. But I came to US on different visas like ( L1B, L1A).. Now Can I use the unused H1B? I did not change my employer. It may be possible, but there are risks. You should call our office to discuss this in detail.
Attorney_22 Posted June 18, 2020 Author Report Posted June 18, 2020 On 6/11/2020 at 9:14 PM, Raja Tejas said: OPT STEM expiring June 20, LCA filed and awaiting approval by tomorrow (12 June, 2020). Can DSO provide me with Cap-Gap on fedx receipt? Also, will DSO be able to provide me with Cap-Gap extension once I enter 60-day grace period? Is premium processing helpful as I wait for H1-B receipt? For continued work authorization, USCIS must receive the H1B petition prior to the expiration of your work authorization.
Attorney_22 Posted June 18, 2020 Author Report Posted June 18, 2020 On 6/11/2020 at 10:31 PM, stoicburrito said: My H1-B has been picked up in the lottery but I lost my job a month back and I have not been able to find a project due to this on going pandemic and my employer doesn’t want to file my H1-B because I don’t have a project in hand. My only concern is I want my H1-B to be filed and I want to know if there is any chance to do that so that I can speak about that with my employer. Thank you For a valid H1B petition, there needs to be a valid job offer and work. This may be difficult in your current situation, however, you can call our office with your employer to discuss any possible options.
Attorney_22 Posted June 18, 2020 Author Report Posted June 18, 2020 On 6/15/2020 at 9:27 AM, Dart said: Hi, I am currently on OPT and my employer had applied for my lottery for H1B for the current year. I got selected in the lottery but then due to COVID-19, I was furloughed from my job. Now my employer is not moving forward with filing the visa petition. I have found a new employer, my query is that can that new employer applies my H1B visa petition on the same lottery? If not, then what are the options available for me to apply for H1B visa on the current lottery selection. Unfortunately, your selection in the lottery is specifically tied to the petitioning employer.
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