Answer The issue is not well settled. However, under a conservative interpretation, services performed while the individual is physically present in the United States would likely be considered employment, even if the employer is located abroad and the compensation is paid outside the United States. (10.Nov.2026) Sheela Murthy...
Answer Generally, no. An unexpired H1B visa stamp ordinarily may be used with the new employer’s valid H1B approval notice. The traveler should carry the new approval notice and evidence of current employment and should be prepared to explain the change of employer when requesting admission....
Answer Generally, yes. A blanket L refusal does not necessarily prevent the employer from filing an individual Form I-129 petition with USCIS. The individual petition should address the concerns raised during the blanket application and include detailed evidence establishing each L-1 requirement. (27.Oct.2026) Sheela Murthy and other...
Answer No. The filing of a PERM labor certification or Form I-140 does not terminate valid TN status. However, TN classification requires temporary intent, and an immigrant filing can create complications during visa issuance, admission, or a future TN application/petition. The timing of travel and future...
Answer An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the...
Answer Brief trips to the United States generally do not interrupt the continuity of qualifying employment abroad. However, days spent physically in the United States normally do not count toward the required one year. The employer should document the employment period with the qualifying entity abroad...
Answer Generally, yes. Unlike the H1B category, the TN classification does not have special immigration provisions that ordinarily require the employer to pay specified filing and attorney fees. Any repayment arrangement or payroll deduction still must comply with applicable employment and wage laws. (29.Sep.2026) Sheela Murthy and...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...
Answer You may still have a conviction for immigration purposes. A conviction for immigration purposes can exist even if the court withholds adjudication and later dismisses the case, so long as the person entered a guilty plea, no contest plea, or admitted sufficient facts, and the...
