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...
Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...
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...
Answer This is certainly a valid concern. If the Trump Administration wishes to end the program, this likely will require them to go through the formal rulemaking process. This easily could take months, if not longer.Still, it may be wise to file H-4 EAD renewal applications...
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,...
Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...
Answer The criteria may vary slightly, depending on what country where the U.S. consular post is located; and the specific details normally are listed on the particular consular post's website.Still, the easiest way to determine eligibility usually is done automatically when trying to schedule an appointment....
Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...
Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...
Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...
