The Law Offices of Prashanthi Reddy, PLLC

Introduction

The Law Offices of Prashanthi Reddy hosted an online webinar where our founder Prashanthi Reddy (A well Immigration Lawyer), answered some of the essential questions relevant for both employers and beneficiaries in the current 2024 H1B Cap season. The session was a live Q&A session.

Objective:

To help H1-B employers and beneficiaries to understand the nuances of U.S. Immigration law and how the top immigration agency, the USCIS, is enforcing them. The session’s main objective was to help people navigate the current H1-B cap season 2024.

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The major topics of discussion

  1. What is USCIS’s current take on speculative employment, and can a company file a petition without showing proof of work?
  2. What is USCIS’s policy on duplicate registrations, and how are they enforcing it?
  3. How can an employer sponsor H1-B without a project/work in the U.S. for the employee?
  4. Does a person qualify for H1-B with a Bachelor’s in Science in Biology and a Master’s in Computer Application, as BSc in Biology is a general degree, and it might not qualify as per H1-B regulation?
  5. Do a beneficiary needs to participate in the cap registrations again if the earlier one has expired?
  6. What is the maximum number of registrations a beneficiary can do against multiple employers/petitioners?
  7. Will it reduce the chance of an H1-B registration getting picked in the lottery if done on the last registration date?
  8. Can a person stay in the U.S. during the period between L1 expiry and till the status is changed to H1-B, in case the person has an existing L1 that is valid till March 4, 2023, and has a consular-approved H1-B from last year for which the employer has recently filed for “change of status”?
  9. What is the possibility of showing the own-company project as a part of the H1-B petition for an I.T. consulting company rather than any client work?
  10. Will the USCIS website show an error if the beneficiary with the exact passport details registers more than one under different employers?
  11. What is the follow-up action for a beneficiary related to an I.T. consulting company who has received 221(g) after attending an H1-B visa interview against an approved petition in the previous year on the grounds of not being able to show projects, and how would it impact the current year’s filing?
  12. Can a beneficiary file H-1B if their passport has expired and is waiting for renewal?
  13. Is a beneficiary cap-exempt during the current H1-B cap season if the person whose last H-1B got picked in 2017 and had last worked in the U.S. on September 2019 till the expiry of the stamping and didn’t file for an extension after that?
  14. What are the follow-up steps for a beneficiary who has completed the six years of an H1-B visa without any approved I-140?
  15. Is there a way to improve the chance of getting a registration picked during the H1-B lottery?
  16. Will a person face any problems if the person applied for H1-B in 2022 along with H4 to H1 ( Change of status) but no I-9 verification was done and was out of payroll from Oct 2022 to mid-Jan 2023?
  17. Can an employer use the authorized I-140 of other employees no longer with the organization?
  18. What are the next steps for an immigrant from Australia with a degree in artificial intelligence and a Ph.D. holder in Astro-physics and soon to get a sponsor?
  19. Are there second-round registrations for the H1-B cap season 2024 other than the current period between March 1st and 17th, 2023?
  20. Can a person participate in the current H1-B cap season 2024, as they will also submit their I-140 application in the next six months?
  21. Can one file for H1-B from the same LLC company for which they are the partner as a foreigner?
  22. Does the H1-B lottery use education or experience as a criterion to pick registrations?
  23. Can one file for a new H1-B if the person is about to complete six years on the older one?
  24. Is there a higher chance of a registration getting picked in the lottery if somebody files the same under employers, which are giant tech corporations?
  25. Will the person be eligible to travel to India with I-797C to visit the consulate?
  26. Does it impact a sponsor company’s H1-B petition approval rate if either they show their actual product client or prime vendor as their client or their in-house project?
  27. Does the beneficiary need to furnish relevant medical documents for filing H1-B if they have not been out of work for a period due to health reasons?
  28. Is there is penalty charge if the employer doesn’t file the H1-B petition once picked during the lottery?
  29. What can we expect regarding lottery selection percentage in the H1-B cap season 2024, and will the recession impact registration numbers?

Read All H1-B Cap Season 2024 Guide Here-