22 Sep 2022

My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?

Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...

22 Sep 2022

My employer is filing an L1B for me so that I can continue working on a project involving our proprietary software. Initially, I will be working at our headquarters. But, at some point, I likely will need to work at the client location for some months to finish installing and modifying the software. Is this allowed while on L1B?

Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker.  (22.Sep.2022)Sheela Murthy and...

22 Sep 2022

I was working for Employer A in H1B status, and then moved to Employer B. I am now interested in returning to Employer A. The employer did not withdraw the petition, and it does not expire until next year. Can I join based on the existing petition, or does Employer A need to first file an H1B transfer?

Answer There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the "dormant" petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among...

16 Sep 2022

USCIS Implement Phase III of Premium Processing Expansion for Certain I-140 Petitions

The U.S. Citizenship and Immigration Services (USCIS) announced yesterday evening that, effective immediately, it has initiated the third phase of expanding the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS...

15 Sep 2022

I am in the U.S. in L1B status, and recently have been offered a more senior position. The new position involves much of the same specialized knowledge, but the job duties are different, so my employer is filing an L1B amendment. Can I start working in the new position upon receipt of the amendment?

Answer Unlike the H1B category, where a person typically can begin a new position based on the filing of an H1B amendment, this is not permitted for the L1B category. If an amendment is required, the L1B worker generally must wait for the amendment to be...

15 Sep 2022

I applied for a B-1/B-2 visa so I can attend some meetings in the U.S. The visa is valid for 10 years, but the meetings were cancelled, so I have yet to enter the U.S. Do I have to use the visa within a certain period for it to remain valid?

Answer Ordinarily, a B-1/B-2 visa will remain valid through the expiration date listed. There is no other set deadline one must meet for the visa to remain valid. (15.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...