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02 Nov 2023

I am working in H1B status and have a pending change of employer petition. I plan to stay with my current employer until the change of employer petition is approved. Will the USCIS notify my current employer of the pending change of employer petition?

Answer Generally, no, the USCIS will not notify one's current employer that another employer has filed a change of employer petition. (02.Nov.2023)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...

09:07 / FAQs / For Individuals / Worker
26 Oct 2023

Can I work in the U.S. while in H-4 status for a foreign company without an EAD? The company will pay me in a bank account in my home country.

Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment and...

07:32 / FAQs / For Families / Worker
26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

07:28 / Employment Based / FAQs / For Individuals / Resident / Worker
19 Oct 2023

I work as a project manager in India, managing IT projects for our U.S. clients. We have a large staff in India, but only a few employees in the U.S. My company wishes to transfer me to the U.S. so that I can manage projects from the U.S., while the substantive work is largely performed in India. Can I qualify as an L1A manager, even though I will have few U.S.-based subordinates?

Answer It still may be possible to qualify as an L1A manager, even if you will have few subordinates. (In fact, it is possible to qualify with no subordinates, although this can make the case more challenging.) It is not uncommon to file L1A petitions for...

08:36 / FAQs / For Employers / For Individuals / Worker
19 Oct 2023

The last time I entered the U.S. in H1B status, I was admitted for an extra 10 days. Am I allowed to work during that 10-day period?

Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...

08:31 / FAQs / For Employers / For Individuals / Homeland Security / Travel / USCIS News / Worker
12 Oct 2023

My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?

Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...

06:10 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
05 Oct 2023

I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?

Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...

08:39 / FAQs / For Families / Nonimmigrant Family / Worker
05 Oct 2023

After my project ended last month, my employer did not have another project lined up for me, so I was laid off. That same employer now has a new project available for me. If the employer files an H1B amendment for me before the end of my grace period, can I immediately resume working for them on the new project?

Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:36 / FAQs / For Employers / For Individuals / USCIS News / Worker