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19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:15 / Consulates / FAQs / For Employers / For Individuals / Worker
19 Mar 2025

Last year, my H1B registration was selected in the lottery. However, my H1B petition was denied. The employer filed an appeal on the denial, and that appeal is still pending. Can the employer submit an H1B registration for me again this year?

Answer A pending appeal on an H1B petition would not typically prevent a person from reapplying under the current year’s H1B lottery. (19.Mar.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...

07:13 / FAQs / For Employers / For Individuals / Worker
05 Mar 2025

My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?

Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity. (05.Mar.2025)Sheela...

15:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

13:16 / Employment Based / FAQs / For Employers / Resident
19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

13:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

12:57 / Consulates / FAQs / For Employers / For Individuals / H1B / Travel / Worker
05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

12:52 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident
29 Jan 2025

I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his shares in the U.S. entity to me, do I need to wait another year before I qualify for L-1?

Answer The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and...

13:14 / FAQs / For Employers / For Individuals / Worker
22 Jan 2025

After working in the U.S. on H1B for a few years, my company sent me back to India to work as a manager for one year. I am now being transferred back to the U.S. in a managerial role so I can file in the EB1 category. Do I have to transfer back on L1A to qualify, or can I go back on H1B?

Answer You should be able to return on L1A or H1B. Either way, this should not impact your eligibility for the EB1(c) category. (22.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:48 / FAQs / For Employers / For Individuals / Worker