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26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

16:14 / Employment Based / For Employers / For Families / For Individuals / Government / H-4 Dependents / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
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...

12:50 / Employment Based / FAQs / For Individuals / Resident / Worker
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...

16:37 / EB1 Category / Employment Based / FAQs / For Individuals / L-1 / Resident
14 Aug 2019

I received a green card through my employer about a year ago. The employer wants to change the terms of employment, but I do not like the proposed changes. If I resign, does my employer have the ability to cancel my green card?

Answer Once a green card is issued, the sponsoring employer has no ability to cancel or revoke it. If a person leaves an employer immediately after being issued the green card, this could create problems with the USCIS. But, given that a year has passed and...

13:24 / Employment Based / FAQs / For Individuals / Resident
07 Aug 2019

I have an approved I-140 and am in H1B status. However, my H1B extension was just denied, so I will soon be departing the U.S. Do I have any options of returning? Will this impact my I-140?

Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...

07:56 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
31 Jul 2019

I filed an EB5 case a few months ago and my I-526 petition is still pending. I just heard that there are new rules being issued that are raising the investment requirements. Will this impact my case?

Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...

11:29 / EB5 Investor / FAQs / For Individuals / Investor / Resident