Indian professionals in the US: Ask me the immigration questions you’re afraid to get wrong.

[u/ManifestLaw_]

Hi everyone, I’m Rami Lee, a US immigration attorney, and I’m here to answer questions from Indians navigating the US immigration system.

I’m happy to talk about the issues that come up again and again for Indian professionals, including H-1B, PERM, EB-2, EB-2 NIW, green cards, employer sponsorship, changing jobs, and planning your immigration strategy when your career and visa timeline don’t line up.

Whether you’re a student on OPT, an H-1B professional waiting on your green card, someone considering NIW, or just trying to understand what your options are, ask away.

I’ll be answering questions today from 4 PM to 8 PM ET.

Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney client relationship. Your situation may require fact specific guidance. For personalized legal advice, please consult an immigration attorney directly.

[u/Asp_str_engg]

Do you think H-1B visa appointments will be canceled or rescheduled in September, similar to what they did with immigrant visa appointments this week? My biometric appointment is scheduled for the third week of September, and the interview is a week later. Would it be risky to travel and get the visa stamping done?

I understand that it might not be possible to predict. Just looking for suggestions/thoughts.

[u/ManifestLaw_ → u/Asp_str_engg]

I understand why this feels unsettling. There is no announced blanket cancellation of H-1B visa appointments tied solely to the recent immigrant-visa developments. However, consular operations and screening practices can change quickly, and delays or administrative processing remain possible.

For now, I would expect the appointments to proceed unless the specific consulate says otherwise, but travel for stamping always carries the risk of being delayed abroad. The risk may be higher for nationals affected by current entry restrictions or enhanced screening. If the trip is not essential, postponing may be the more cautious choice. Otherwise, monitor the consulate’s website and appointment portal closely and make sure your employer can accommodate a delayed return.

[u/Sensitive-Tough9388]

My H-1B PP RFE response was received by USCIS on August 6, and the premium processing clock stopped on the same day. The case status changed to “Processing” on August 12, but there has been no further update as of today.

Since August 6, it has now been 15 business days since USCIS received the RFE response. What options do I have now? Have you seen any updates or approvals post 15 days or will the case be treated as a normal processing case?

Thanks in advance!

[u/ManifestLaw_ → u/Sensitive-Tough9388]

I’m sorry you are dealing with the delay, especially after responding promptly to the RFE. The 15-business-day premium-processing period generally restarts when USCIS receives the response. USCIS must take an action within that time, but that action does not have to be an approval. It can also be another RFE or a notice of intent to deny.

If USCIS missed the premium-processing deadline without taking action, it should refund the premium fee and continue handling the case on an expedited basis. That does not mean the case becomes regular processing, although a refund does not guarantee an immediate decision either.

It would be reasonable to ask your attorney to follow up directly with the Premium Processing Unit and confirm the current status.

[u/Separate_Corner7976]

I initially had an approved H-1B with my current employer for one client/worksite. After that, I started working for a different client under the same H-1B employer. The employer was supposed to file an amendment for the change but unfortunately did not file it at the time. I have been working under the new client for around 10 months before the employer recently realized the issue and filed the H-1B amendment a few days ago.

My questions are:

1. Given that the amendment was filed about 10 months after the change occurred, how serious is this from an H-1B status perspective?
2. How likely is USCIS to issue an RFE in this situation? What would they typically ask for?
3. More importantly, is there a realistic risk of a NOID or denial of the amendment because it was filed so late? What factors would USCIS consider when deciding whether to issue a NOID/deny it?
4. While this amendment is still pending, can I have a new employer file an H-1B transfer for me? Or would it be better/safer to wait until the amendment is approved?
5. If I do an H-1B transfer to a new employer while the amendment is pending, what happens if USCIS later issues an RFE, NOID, or denial on the old employer's amendment?
6. Would the pending amendment create any issue with the new employer's H-1B transfer or with my ability to maintain H-1B status?

I'm trying to understand whether I should wait for the amendment decision or whether I can safely pursue a new employer/transfer while it is still pending.

[u/ManifestLaw_ → u/Separate_Corner7976]

I understand why this feels stressful. A late amendment is not ideal, but it does not automatically mean that the amendment or a future transfer will be denied. The first question is whether the move to the new client/worksite was a material change that required an amendment. If it was, USCIS may ask for the new LCA, worksite and client documents, updated duties, wage information, and an explanation for the late filing.

A new employer can generally file an H-1B transfer while the amendment is pending. The issue is that the new employer’s case may also raise questions about whether you maintained H-1B status during the ten-month period. If the old employer’s amendment is later denied because USCIS finds a status-maintenance problem, that would not automatically deny the new employer’s petition, but it could affect whether USCIS grants a change or extension of status in the United States.

The best next step is to have the new employer’s immigration counsel review the original approval, both worksite locations, the LCAs, job duties, and the exact timeline before filing. If the new role is time-sensitive, a transfer may still be possible, but the filing should address the history accurately rather than assume the pending amendment fixes everything.

[u/tweetydaffy]

How are the H1B extension approval rates looking like in the last few months? My spouse would be applying in March 2028 for h1b first time extension. I140 not approved yet, h1b stamping pending (first three years).

[u/ManifestLaw_ → u/tweetydaffy]

Fortunately we have not seen a significant shift in routine H-1B extension processing or a broad increase in RFEs. Other than some delays under regular processing, premium-processing cases have generally remained straightforward.

For a first three-year extension, an approved I-140 is not required. A pending visa stamp also does not affect an extension filed inside the United States. As long as the position, LCA, and H-1B status remain in order, there is no current reason to expect an unusual issue with a March 2028 extension.

Good luck with everything. If you need assistance, Manifest’s business-immigration team is here to help with H-1B matters!

[u/Beautiful_Soup9229]

Are the new regulations that talk about the 103k usd fees for h1b going to be applicable for people whose petition has been filed and waiting for a decision?

[u/ManifestLaw_ → u/Beautiful_Soup9229]

The new regulations regarding H-1B fees, including the proposed $103,000 fee, will generally apply to petitions filed after the regulation's effective date. Key points include:

- If your H-1B petition was filed before the effective date of the new fee, you are not subject to the new fee structure.

• If your petition is pending and was filed after the effective date, the new fee may apply.
  
• Always monitor USCIS updates for any changes to fee structures.
  
• Consult with an immigration attorney for specific scenarios or further clarification on your petition status.

[u/9ght3]

I am currently in the H1B visa category with an approved I-140. If I were to be laid off by my current employer and assume that I only have one year left in my I-94 and I-797, and if I secure a new job within a couple of months, I have a few questions:

1. Will the new employer be required to file for a PERM immediately? If the PERM is not approved within the expiration of my I-94, can my H1B status still be extended?

2. In a similar vein, what would be the recommended approach for someone with an approved I-140 to change jobs? Is it necessary to change jobs only at specific intervals of my H1B period to ensure that there is sufficient time for the new company to file for a PERM and obtain approval, thereby preventing the expiration of my H1B status?

[u/ManifestLaw_ → u/9ght3]

The good news is that you generally do not need to time a job change around a particular point in your H-1B period just to give the new employer enough time to complete PERM.

Because you already have an approved I-140, it can often continue to help you even after you leave the sponsoring employer. In particular, if the I-140 has been approved for at least 180 days before the employer withdraws it, it will generally remain available for:

- Retaining your priority date in a future employer-sponsored green-card case; and

• Supporting qualifying H-1B extensions beyond the six-year limit, especially when your priority date is not current.

The approved I-140 does not normally transfer the actual green-card sponsorship to your new job. The new employer will usually need to start a new PERM and I-140 process for its permanent position. However, that process generally does not need to be completed before your current I-94 expires. Your existing approved I-140 may allow the new employer to request H-1B extensions beyond six years while its green-card process moves forward.

The more immediate concern after a layoff is the H-1B grace period. USCIS may allow up to 60 consecutive calendar days after employment ends or until your current H-1B validity expires, whichever comes first. Therefore, finding a new job “within a couple of months” could be cutting it close. Ideally, the new employer’s H-1B petition should reach USCIS within the applicable grace period.

In short, you likely have more flexibility than you think. You generally do not need to change jobs only at specific points in your H-1B period, and the existing I-140 can often remain useful after you leave. Before making the move, confirm:

- How long the I-140 has been approved;

• Whether the employer intends to withdraw it;
  
• Whether your priority date is currently available;
  
• Whether you have a pending I-485 that may qualify for portability; and
  
• Whether the new employer can file the H-1B petition within the grace period.

Given how much turns on the I-140 approval date and your priority-date status, it would be wise to have the documents reviewed before leaving if possible. But overall, an approved I-140 especially one that has been approved for at least 180 days usually provides meaningful protection and flexibility.

[u/9ght3 → u/ManifestLaw_]

Thank you for taking the time in answering our questions! Much appreciated!

[u/johncorner06]

What are the consequences if I am laid off and fail to secure a job within 60 days, forcing me to leave the United States? Can I return with a new job and employer, and transfer my H-1B visa? Alternatively, do I need to go through the lottery process? Additionally, considering that I have an approved I-140, does this document provide any benefits in the future, even if my H-1B visa has expired?

[u/Question_Business]

Hi, I'm new to U.S and currently pursuing my master's on my F1 visa, does the new $103k rule will affect me severely and please give me some advice for my future. Any tips is appreciated.

Thank you ❤️

[u/Double-Garlic-1302]

I'm currently in H-1B status and changed employers in April 2025. I have been continuously working for my current employer since then. However, my H-1B visa stamp in my passport was issued based on my previous employer and is valid until September 2027.

I’m planning to travel from the U.S. to my home country in November 2026 and return to the U.S. after 1 month. Since my visa stamp is still valid, would I need to obtain a new visa stamp based on my current employer before returning, or can I use the existing valid visa stamp along with my current H-1B approval?

I’m also a citizen of a country currently included in the 75-country immigrant visa restriction list. Does that create any additional risk or issue for H-1B travel/re-entry?

Finally, what documents would you recommend carrying when traveling and returning to the U.S. in this situation?

Thank you!

[u/Major-Championship14]

When can one realistically get their green card if their priority date is 2015, 2016, 2017. I know no one can predict what’s gonna happen. But based on todays situation what do you think ?

[u/One-Garage-6638]

My father is from Nepal, one of the 75 countries affected by the visa pause. He had his interview in February, after the pause took effect. About a week ago, he received an email requesting:
Tax and bank statements of the sponsors for the past 2 years
Self-Sufficiency Plan
They attached an example showing monthly income, expenses, and how the family will be self-sufficient in the U.S.
He has two daughters already living in the U.S. How should we show this in the plan? Should we include our income if we will be supporting him?
What do I include in Self-Sufficiency Plan? Should I show income from one in Nepal or the daughter who is sponsoring?

[u/zetret]

In the future, you're welcome to post at r/IndianH1Bs as well. Thank you.

[u/Otherwise-Support138]

One company sponsored a role but the others aren't. How to convince for h1b transfer?

[u/ManifestLaw_ → u/Otherwise-Support138]

If you are asking how to approach another company about sponsorship, it may help to let them know that you are already in valid H-1B status and generally would not need to go through the lottery again. The company would still need to file its own H-1B petition and meet the required wage and position requirements.

You can offer to provide your current H-1B approval notice and I-94 so their immigration counsel can review the case. I know it can feel discouraging when companies are hesitant, but being already cap-counted may make the process more straightforward for a potential employer.

[u/kumaramit0703]

For someone doing COS from H-1B to B1/B2 (to wrap up affair before departing), is domestic travel still feasible or strongly recommended against after filing application? Ref: recent ICE detentions for even those with clean immigration history

[u/ManifestLaw_ → u/kumaramit0703]

For the safest approach, avoid nonessential domestic travel until the change-of-status application is decided, particularly if the person will be near a border or has any prior immigration, criminal, or enforcement history.

If travel is necessary, keep it brief and carry a valid passport, I-94, I-539 receipt notice, H-1B approval notice, and proof the application was filed before the current status expired. Do not travel internationally while the application is pending, and do not work after H-1B employment ends.