27 Nov 2024

After working in India for several years as a manager, my employer transferred me to its U.S. subsidiary in H1B status. For the company to sponsor me for EB1(c), do I have to move to L1A status, first?

Answer No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024)Sheela Murthy and other senior...

12 Nov 2024

Should I use premium processing for my H1B extension to get it adjudicated before the Trump Administration takes office?

Answer Under the first Trump Administration, nearly every aspect of legal immigration became significantly more challenging. So, there is reason to believe that having one's application or petition filed and approved under the current administration may be beneficial. (12.Nov.2024)Sheela Murthy and other senior attorneys provide guidance...

06 Nov 2024

Can an employer sponsor me using the PERM process for a position that does not require a college degree?

Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

16 Oct 2024

I was working in the U.S. on H1B, and my employer agreed to transfer me to a foreign office to work as a manger for one year so I could qualify for EB1(c). I am now ready to return to the U.S. Is it true I need to enter on L1A to be eligible for the EB1(c) category?

Answer No, that is not correct. Whether you come to the U.S. on L1A or H1B should have no impact on your eligibility for the EB1(c) category. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

09 Oct 2024

We wish to start the PERM green card process for an employee, but the U.S. Department of Labor wage data is significantly higher than what we have seen being paid for this position in this market. Is there anything we can do?

Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination.  (08.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

04 Sep 2024

If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...