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29 Jan 2025

I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his shares in the U.S. entity to me, do I need to wait another year before I qualify for L-1?

Answer The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and...

13:14 / FAQs / For Employers / For Individuals / Worker
29 Jan 2025

While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record?

Answer No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

13:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
22 Jan 2025

After working in the U.S. on H1B for a few years, my company sent me back to India to work as a manager for one year. I am now being transferred back to the U.S. in a managerial role so I can file in the EB1 category. Do I have to transfer back on L1A to qualify, or can I go back on H1B?

Answer You should be able to return on L1A or H1B. Either way, this should not impact your eligibility for the EB1(c) category. (22.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:48 / FAQs / For Employers / For Individuals / Worker
15 Jan 2025

I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead?

Answer You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (15.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

13:56 / FAQs / For Families / For Individuals / Travel / Worker
15 Jan 2025

I mailed my application to a USCIS lockbox weeks ago, but I have not yet received a receipt, and my filing fee has not been cashed. How do I contact USCIS about my missing case, since I do not even have a receipt number to reference?

Answer It is possible to eMail USCIS lockbox support at lockboxsupport@uscis.dhs.gov to inquire about a filing that has not yet been receipted. You should include the form number, petitioner or applicant name, date of birth, and mailing address, as well as the lockbox the package was...

13:53 / FAQs / For Employers / For Families / For Individuals / Worker
15 Jan 2025

I have an interview scheduled for today at a local USCIS field office, but it snowed last night. How do I know if the interview has been postponed?

Answer The USCIS normally lists field office and Application Support Center closures on its USCIS Office Closing webpage. (15.Jan.2025)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 © 2025, MURTHY...

13:39 / FAQs / For Families / For Individuals / Resident / USCIS News / Worker
08 Jan 2025

My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending?

Answer No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of...

17:16 / FAQs / For Families / For Individuals / Worker
02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

06:26 / Citizen / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker