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01 Dec 2022

Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer said that it would be tough to get an EB1 case approved for me as a multinational manager. They are willing to try, however. I already have an EB2 case approved with a 2018 priority date. If the EB1 case is denied, would that impact my EB2 approval? Could I still keep the priority date?

Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that...

09:54 / FAQs / For Individuals / Worker
23 Nov 2022

I got into a dispute with my former H1B employer regarding a nondisclosure agreement, and they are threatening to sue me. Will this impact my H1B status or ability to get a green card in the future?

Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

12:57 / FAQs / For Individuals / Worker
23 Nov 2022

I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me. Once the petition is approved, can I use my existing H1B visa stamp, or do I need to get a new one with the current employer’s name?

Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

12:54 / FAQs / For Individuals / Travel / Worker
17 Nov 2022

I have been managing a large team of professionals in India. My employer now wishes to transfer me to the U.S. office to work as a manager. I will only have a couple of people in the U.S. reporting to me, along with a larger team in India. Is this allowed for L1A?

Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...

08:27 / FAQs / For Employers / For Individuals / Worker
17 Nov 2022

My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?

Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...

08:19 / FAQs / For Employers / For Individuals / Worker
17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:04 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...

06:28 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
10 Nov 2022

Over the past year, I have worked for three different H1B employers. There were a few reasons for these job changes, but it mainly came down to finding better opportunities for better pay. Are there any immigration risks with multiple job changes while on H1B?

Answer As a general rule, there is no direct, inherent risk in moving between multiple H1B employers. In fact, there have been numerous changes implemented to the H1B program over the years specifically to better ensure that H1B workers are able to change employers as needed....

06:24 / FAQs / For Individuals / Worker