25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

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...

25 Jun 2025

My H1B extension was approved recently, and I now am going to apply for a new visa stamp in Canada. If the visa is denied, can I return to the U.S. using automatic visa revalidation?

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...

17 Jun 2025

My school operates on a quarter-based schedule with summer, fall, winter, and spring academic quarters. Instead of taking courses this coming winter, am I permitted to take a vacation?

Answer If a student attends a school on a quarter or trimester calendar, they may take one vacation per year during any one of the quarters or trimesters, as long as they have completed the equivalent of an academic year prior to taking the vacation. (17.Jun.2025)Sheela...

11 Jun 2025

I was born in India but have Australian citizenship. I entered the U.S. a few years ago on E-2 to oversee an IT business I invested in. I have an Australian contractor I now wish to directly employ in the U.S. The individual does not have an ownership stake in the U.S. entity. Can an E-2 visa still be issued in this situation?

Answer Under the right circumstances, it is possible for a company to file an E-2 for an employee, as opposed to the investor. An E-2 employee must have the same nationality as the E-2 enterprise and must be coming to fill an executive, supervisory, or essential...

05 Jun 2025

The project with my H1B employer is coming to an end. We found a new project I can work on, but it is only for about 20 hours per week. Is that permissible?

Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...