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05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

12:52 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident
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