Attorneys Law Firm Practicecontact us
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
30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

17:40 / FAQs / For Individuals / Travel / Worker