Benched on H-1B: Legal Rights, Pay Obligations, and Steps
Benched H‑1B workers remain employed but may lack work; employers must pay the LCA wage. Preserve paystubs and…
Articles by & updated by Priya Nair
Understanding the 180-Day I-140 Protection Rule After Withdrawal
After an I-140 approval or I-485 pending for 180 days, workers gain strong protections: employers generally cannot force…
Post-PERM Denial: Next Steps, Reconsideration, BALCA, and Refiling
A PERM denial requires employer action: request reconsideration within 30 days, appeal to BALCA, or refile a new…
AC21 180-Day Rule: Preserving Green Card Eligibility Amid Job Changes
AC21 lets employment-based applicants port their green card if I-485 has been pending 180 days, I-140 is approved…
Leaving the United States: What Happens to Your I-140 Petition
I-140 petitions usually survive travel, but filing I-485 makes travel risky. Leave without approved Advance Parole and USCIS…
Returning to H-1B from H-4: Cap-Exempt Paths and Filing Tips
If you held H-1B before or qualify as cap-exempt, an employer can file an H-1B change-of-status from H-4…
Prevailing Wage for H-1B Workers and How DOL Sets OEWS Levels
DOL proposes raising H-1B prevailing wage floors in 2026, with entry-level salaries potentially increasing by 33% to align…
H-1B Cap-Exempt Status: Who Qualifies and What It Means for Change
Cap-exempt H-1B status benefits employees of universities and qualifying nonprofits by removing the lottery and enabling year-round filings.…
Transferring H-1B Lottery to a New Employer Before October
A pre-October job change is possible: the new employer files a cap-exempt Form I-129 with a certified LCA…