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23 Dec 2021

I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?

Answer Generally speaking, if a lawful permanent resident (i.e., "green card" holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:03 / FAQs / For Individuals / Resident / Travel
23 Dec 2021

My H1B petition was recently approved for a wage level 1 position. I also just completed my last credit to earn a master’s degree. Does that mean the employer now has to move me to wage level 2 position?

Answer The wage level is determined by the job requirements, not the person's educational background. If the position does not require a master's degree, the fact that you have earned this advance degree would not, by itself, result in the salary having to be increased. (22.Dec.2021)Sheela...

09:00 / FAQs / For Employers / For Individuals / Worker
16 Dec 2021

I filed my son’s I-485 as my dependent before he had aged out. After we applied, however, the category retrogressed. Is it possible my child could now age out?

Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...

08:57 / AOS/CP (Family) / Family Based / FAQs / For Families / Immigrant Family / Resident
16 Dec 2021

After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager...

08:51 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:48 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
09 Dec 2021

My registration was selected in the second lottery. My employer filed the H1B petition to the wrong address. The package was rejected, and we missed the deadline to refile the petition. Now that there is a third round of registrations that have been selected, can we refile my H1B petition?

Answer No, if the employer fails to (properly) file the cap-subject H1B petition prior to the deadline listed on the registration selection notice, it typically is not possible to use that registration to file during the following round of registration selections.  (09.Dec.2021)Sheela Murthy and other senior...

09:09 / FAQs / For Employers / For Individuals / Worker
09 Dec 2021

I am in the U.S. in H1B status. I recently received an eMail from the U.S. consulate that issued my visa stamp, informing me that my visa had been revoked. Does this mean I have to leave the U.S.?

Answer The visa "stamp" is an entry document. If the consulate has revoked the visa, it means it generally can no longer be used for purposes of requesting admission to the U.S. However, it ordinarily has no direct impact on one's valid status in the United...

09:06 / Consulates / FAQs / For Individuals / Worker
09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

09:03 / EB5 Investor / FAQs / For Individuals / Investor / Legislation / Resident
02 Dec 2021

My registration was selected in the third lottery. However, I am now working for a different company on OPT, and I do not wish to go back to my old employer. Can I stay on OPT? Will this have any negative impact on me if I apply for the lottery again next year with my current employer?

Answer Generally speaking, it is possible to remain on OPT rather than apply for a change to H1B with the previous employer. Typically, this would not have a negative impact on the individual. (02.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07:39 / FAQs / For Individuals / Student / Worker
02 Dec 2021

Employer A filed a registration for me, which was selected. I am currently working for Employer B. Would it be possible to work for both Employer A and Employer B at the same time?

Answer Yes, this may be possible. Employer A would need to file the cap-subject H1B petition and get it approved. Assuming it is approved, immigration law generally would permit Employer B to file an H1B petition requesting concurrent employment.  (02.Dec.2021)Sheela Murthy and other senior attorneys provide...

07:36 / FAQs / For Employers / For Individuals / Worker