01 Sep 2022

I am director of a company in India, and wish to set up a new office in the U.S. I hope to come to the U.S. in L1A status to start operations. I expect to hire 8 or 9 employees for about 10-11 months. Can I wait to lease the office space until I need it?

Answer One of the requirements for an L1A new office is to demonstrate that the company has secured sufficient physical premises to house the new office. The USCIS interprets this to mean that, at the time of filing the new office petition, the petitioner must have...

01 Sep 2022

My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?

Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

25 Aug 2022

I am in H1B status and am being laid off. The company will continue to pay my salary for three months as part of a severance package. Will my 60-day grace period start after I receive the last paycheck?

Answer The 60-day grace period generally starts at the cessation of employment, not on the date the last check is issued. (24.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

18 Aug 2022

I have an approved I-140 from my previous employer. The priority date has been current for more than one year. My current employer is in the process of filing a PERM LC for me. Can I still keep the old priority date?

Answer Yes, the fact that you did not file an I-485 based on the old I-140 within one year normally would not impact your ability to retain the priority date. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...