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16 Dec 2021

After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager...

08:51 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
09 Dec 2021

My registration was selected in the second lottery. My employer filed the H1B petition to the wrong address. The package was rejected, and we missed the deadline to refile the petition. Now that there is a third round of registrations that have been selected, can we refile my H1B petition?

Answer No, if the employer fails to (properly) file the cap-subject H1B petition prior to the deadline listed on the registration selection notice, it typically is not possible to use that registration to file during the following round of registration selections.  (09.Dec.2021)Sheela Murthy and other senior...

09:09 / FAQs / For Employers / For Individuals / Worker
02 Dec 2021

Employer A filed a registration for me, which was selected. I am currently working for Employer B. Would it be possible to work for both Employer A and Employer B at the same time?

Answer Yes, this may be possible. Employer A would need to file the cap-subject H1B petition and get it approved. Assuming it is approved, immigration law generally would permit Employer B to file an H1B petition requesting concurrent employment.  (02.Dec.2021)Sheela Murthy and other senior attorneys provide...

07:36 / FAQs / For Employers / For Individuals / Worker
02 Dec 2021

The employer that submitted my H1B registration still has a job available for me, but it is only for about 20 hours per week. Is that allowed?

Answer Yes, it normally is possible to file an H1B petition requesting part-time employment. (02.Dec.2021)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 © 2021, MURTHY LAW FIRM. All Rights...

07:34 / FAQs / For Employers / For Individuals / Worker
24 Nov 2021

My previous employer filed a registration for me in March. It was selected in the third round of the lottery. Can I transfer it to my current employer, and have them file the H1B petition for me? My previous employer is ok with this.

Answer No. Generally speaking, the registration cannot be transferred to a different employer. (24.Nov.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...

08:40 / FAQs / For Employers / For Individuals / Worker