Immigration.com

Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery?

1 year ago By Chief Editor
Question details

I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).

Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?

 

FAQ Transcript

If your H-1B was approved but not activated (e.g., through change of status or visa stamping), you likely need to re-enter the lottery if it’s revoked. However, if the H-1B was activated (e.g., you worked on it), revocation doesn’t usually require re-entering the lottery, though you may need to refile through a new employer. Always consult an attorney for specifics.

Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes

1 year ago By Chief Editor
Question details

I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.

If my boss is willing, can he:

Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?

 

FAQ Transcript

You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.

 

Visa Bulletin For January 2025

1 year ago By Chief Editor

Number 97

Volume X

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

USCIS Reaches Fiscal Year 2025 H-1B Cap

1 year ago By Chief Editor

Release Date 

12/02/2024

USCIS has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025.

USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2025 H-1B numerical allocations will show:

USCIS Now Requires Report of Immigration Medical Examination and Vaccination Record to be Submitted with Form I-485 for Certain Applicants

1 year ago By Chief Editor

Release Date 

12/02/2024

USCIS now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected.

USCIS Forms Update Notice - Form I-485

1 year ago By Chief Editor

USCIS recently updated the following form(s):

Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)

08/28/2024 02:36 PM EDT

Edition Date: 08/28/24. M. USCIS will also accept the 08/28/24 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)

08/28/2024 02:36 PM EDT

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