Answer We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located...
Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...
Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own. (09.Jul.2025)Sheela Murthy...
Answer The USCIS likely will announce whether a second lottery will be necessary by the end of July or beginning of August. (02.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...
Answer Yes, if the PERM was filed in time to qualify for the H1B extension under the 365-day rule, it is possible to obtain the extension based on the pending MTR or appeal. The MTR or appeal is enough to keep the case "alive" so that...
Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by the...
Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Automatic visa revalidation (AVR), otherwise known as the contiguous territory rule, allows a foreign national who has made a brief trip to Canada or Mexico to request readmission to the U.S. based on the existing I-94, without the need for a valid visa “stamp.” To...
Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
