23 Nov 2022

I got into a dispute with my former H1B employer regarding a nondisclosure agreement, and they are threatening to sue me. Will this impact my H1B status or ability to get a green card in the future?

Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

23 Nov 2022

I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me. Once the petition is approved, can I use my existing H1B visa stamp, or do I need to get a new one with the current employer’s name?

Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

17 Nov 2022

I have been managing a large team of professionals in India. My employer now wishes to transfer me to the U.S. office to work as a manager. I will only have a couple of people in the U.S. reporting to me, along with a larger team in India. Is this allowed for L1A?

Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...

17 Nov 2022

My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?

Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...

17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...