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08 May 2024

I am on L1A and have an approved EB1(c) petition. Business is a bit slow in the U.S. right now, so I am planning on working in India for a while and returning to the U.S. when my priority date is current so I can file my I-485. Is that permissible?

Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...

16:47 / Employment Based / FAQs / For Employers / For Individuals / Worker
08 May 2024

After working in H1B status for 6 years, I moved to H-4 status, and have been working on H-4 EAD. My current employer filed a PERM for me last year, and now my I-140 has been approved. Can I use the approved I-140 to move back to H1B status, even though I have already completed 6 years of H1B time?

Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...

16:42 / Employment Based / FAQs / For Employers / For Individuals / Worker
08 May 2024

I was laid off from my H1B position, and was able to find a new employer who is willing to file for me before the end of my grace period. The new position is much more junior than the position I was previously in, however. I was in a wage level 3 position, but this is wage level 1. Is that likely to be an issue with the USCIS?

Answer Typically, moving to a higher or lower wage level with a new employer would not create any issues with the USCIS. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

16:30 / FAQs / For Employers / For Individuals / Worker
01 May 2024

A few months ago, my husband’s employer filed his H1B extension, which was approved through 2027. They did not apply for my H-4 extension. After his case was approved, we both travelled to India and then returned to the U.S. I just noticed that, upon our return, the officers granted me an I-94 through 2027, even though my visa stamp is only valid through July 2024. Was this an error? Do I need to file an extension?

Answer This was not an error, and there is no need for you to file an extension. Normally, as long as the H-4 dependent has a valid visa "stamp" at the time of admission, the dependent may be admitted through the validity period of the principal...

12:05 / FAQs / For Individuals / Travel / Worker
01 May 2024

I was laid off by my previous employer almost two months ago. I recently got a new job offer, but the new employer will not be able to file my petition before my grace period expires. Therefore, the employer said they are going to file my case for consular processing. In the meantime, I will leave before my grace period ends. The H1B visa stamp in my passport is still valid. If they file this for consular processing, does it mean I have to go to the consulate?

Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...

12:01 / Consulates / FAQs / For Individuals / Travel / Worker
24 Apr 2024

I own a company in the U.S. and one in India. In India, there is someone who has worked for the Indian entity as a contractor for a couple of years, developing a proprietary tool for us. Is it possible for him to now work for the U.S. company in L1B status?

Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024)Sheela Murthy...

13:20 / FAQs / For Employers / For Individuals / Worker
24 Apr 2024

My H1B registration was selected in the lottery. I have two different job offers. If Company A and Company B both file change-of-status petitions for me, when do I have to choose which company I am going to join?

Answer Assuming that both petitions are approved with start dates of October 1st, you technically could wait until that date to join either Employer A or B. (24.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13:18 / FAQs / For Individuals / Worker
24 Apr 2024

An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE?

Answer Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright ©...

13:15 / FAQs / For Employers / For Individuals / Worker
18 Apr 2024

I am in H1B status with a pending I-485 application. I just received my EAD card based on my pending I-485. Do need to switch my work authorization to my EAD?

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...

07:21 / Employment Based / FAQs / For Individuals / H1B / Resident / Worker
18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker