Highlights from MurthyChat Session: 08.Jul.2013

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Question: Due to some project commitment, can we do two similar, full- time jobs for a month on EAD, then continue with one job? Does it create problems for the I-485 later?

Senior Attorney:

The EAD allows for unrestricted employment authorization. Thus, it is possible to hold multiple jobs (full time or otherwise) with the EAD. What is needed for the I-485 is a proper job offer, either from the initial GC sponsor or an AC21 sponsor, if the case meets the AC21 GC requirements. It should just be clear what one's intent is with respect to which employer's job offer forms the basis of the I-485 case - particularly if the priority date is likely to become current soon.

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Question: For a person approaching seven years of stay on L1A, with an employer who is not willing to sponsor GC, are there any alternate options to file for the GC and continue working in the U.S.?

Senior Attorney:

The EB1 Multinational Executive Transferee category, which is often available to L1A employees, does not allow for self-sponsorship. There are very limited self-sponsored EB categories. The national interest waiver (NIW) and the extraordinary ability (EB1) categories can be self- sponsored. In many of the situations in which the L-1 employer will not file the GC case, the L-2 spouse may have a GC sponsor. Since L-2s can obtain EADs and find employment in that manner, they often find employers who wish to continue the employment long term.

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Question: What are the options if PERM has not been filed by the end of 6th H1B year?

Senior Attorney:

If the H-1 time has run out or is almost over, we first look to any recapture options to get back any time spent abroad. Otherwise, a GC case could still be filed, if the employer was willing to do so, but it would not be possible to get back into H1B status after the six-year period has run out, until the GC case is far enough along to allow for more time. If all else fails, and there is no spousal option, then it is possible to become eligible for more time after spending a year abroad. But, such H1B cases are cap subject.

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Question: Can one travel outside of the U.S. while citizenship is filed and being processed?

Senior Attorney:

One can engage in routine travel when the naturalization case is in process. It is important to remember that there will be fingerprinting as well as an interview and (hopefully) a swearing in ceremony. These all take place in the U.S. and it is necessary to make sure that one's mail is being checked and proper action is taken in response to any notices. Otherwise, as far as qualifications go, the continuity of residence requirements apply only until the interview and swearing in. So, no trips of one year or more in duration, and the best practice would be to avoid trips of more than six months.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.

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