04 Aug 2022

If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?

Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...

04 Aug 2022

USCIS Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...

28 Jul 2022

I am currently working in India. An unrelated company filed an H1B for me this year, which was selected in the lottery. My H1B petition was filed for consular processing and is still pending. My Indian employer wants to transfer me to the U.S. in L-1 status. If I apply for an L-1 now, will it impact my H1B?

Answer Filing an L-1 petition (or applying for an L-1 visa under a company's L-1 Blanket) should not impact the H1B petition. If the H1B petition is approved for consular notification (i.e., approved without an I-94), you would likely need to leave the U.S. and obtain...

20 Jul 2022

I am in L1B status and have been offered a promotion to a managerial position. My employer is filing an amendment to move me to L1A status. Can I start working in the L1A position based on the receipt, or do I have to wait for the petition to be approved?

Answer Typically, a person in L-1 status cannot move to a new position based on a pending amendment. (20.Jul.2022)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 © 2022, MURTHY...