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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...

06:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
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...

06:21 / FAQs / For Individuals / Travel / Worker
17 Jun 2025

I have an upcoming interview for my marriage-based green card application. Will I be interviewed together with my U.S. citizen spouse or separately?

Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

17:58 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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...

17:53 / F-1 / FAQs / For Individuals / Student
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...

13:41 / FAQs / For Employers / For Individuals / Worker
05 Jun 2025

The PERM prevailing wage determination we received came back too high for our company. We also believe that the Department of Labor misclassified the occupation or improperly increased the wage level based on certain requirements. Can we appeal the determination?

Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...

05:38 / Employment Based / FAQs / For Employers / Resident
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...

05:35 / FAQs / For Employers / For Individuals / Worker