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H-1B transfer: Managing multiple offers and timelines to avoid future green card complications

10 months ago By Chief Editor
Question details

I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from Company two and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if the company forces me to join?

 

FAQ Transcript

You can file multiple H-1B transfers simultaneously, and it's legal. Approval of one transfer doesn’t obligate you to join that employer, nor does it affect your existing H-1B status with your current employer. You can choose to join any employer whose transfer gets approved, provided all transfers were filed while you were in valid status with your current employer.

However, if your H-1B validity is close to expiring (e.g., within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Consult an immigration lawyer to ensure proper handling and avoid complications.

 

Can L-1A holders or applicants also apply for the H-1B lottery?

10 months ago By Chief Editor
Question details

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

Can I also participate in the upcoming H1B lottery?

Would applying for the H1B affect my L1A petition?

Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?

FAQ Transcript

Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.

Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.

 

USCIS Policy Memo on Adjudication of H-1B Petitions for Nursing Occupations

10 years ago By Editor

This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.

Please check the attached document to read USCIS Policy memo. 

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

10 years ago By Editor

On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

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