12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...

12 Sep 2019

My previous employer is refusing to provide me with an experience letter. Is there anything I can do to force them to provide one to me?

Answer Ordinarily, an employer is not obligated to provide anyone with a experience letter. If one cannot obtain an experience letter from a current or former employer, there may be other documents that can be used place of such a letter (e.g., co-worker affidavits confirming your...

12 Sep 2019

I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?

Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...

29 Aug 2019

Next week, I am scheduled to travel to the U.S. to visit my adult children for a few months. I just realized that my B-1/B-2 visa stamp is going to expire next month. Does that mean I will only be issued an I-94 through the expiration date of the visa stamp?

Answer So long as the B-1/B-2 visa foil (commonly referred to as a "stamp") is valid at the time the person requests admission into the United States, the expiration date of the visa will generally not impact the validity period of the I-94 issued by the...

29 Aug 2019

I have been working as a manager for a company in India for two years. I am now being transferred to the U.S. subsidiary to work as a manager in H1B status. Do I need to move to L1A status to be able to file for EB1 as a manager/executive? If the company does not want to sponsor me for EB1, can I sponsor myself?

Answer One does not need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. But, the EB1(c) petition must be sponsored by the employer. The only type of EB1 case that can be self-sponsored is EB1(a), which...