21 Jun 2023

Is there a minimum salary requirement to qualify as an L1B specialized knowledge employee?

Answer No, there are no set salary requirements for an L1B petition. However, the USCIS may take the salary into consideration when determining whether the beneficiary possesses specialized knowledge. (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

21 Jun 2023

I work for a small company on H1B. The company likely will be acquired and merged into a much larger company in a few months. Will the larger entity need to file an H1B for me?

Answer In most circumstances, if the acquiring entity assumes all liabilities of the H1B petition and continues to maintain the public access file, no H1B petition / amendment is needed. An authorized official of the new entity should prepare a notarized statement expressly assuming all liabilities...

15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...

15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...