Answer In order to be eligible for a new 6-year period of H1B time, one would need to leave the U.S. for at least one year and then go through the lottery again. In your situation, it sounds like you could return without going through the...
Answer While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference “A” (FB2A) category. After the...
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...
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...
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...
Answer In order to remain in the United States in a period of authorized stay, the B-2 visitor must file the application to extend or change status prior to the expiration date of her current I-94. There is no requirement that the receipt notice be issued...
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...
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...
Answer Ordinarily, no. A person in H1B status may not be employed as a 1099 contractor. (12.Oct.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 © 2023, MURTHY LAW FIRM....
Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
