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...

07 Jul 2022

I need to file to extend my H-4 status and the H-4 status of my son. My son is turning 21 next year, so he is only eligible for about 10 months of H-4 time. Is it ok to file his application as an I-539A supplement with my I-539 application?

Answer It is normally possible to file a dependent child's H-4 extension as an I-539A, along with the parent's I-539. However, the USCIS typically will issue the same I-94 expiration date for all the H-4 applicants, included in the I-539 and I-539A/s. So, in a case...

07 Jul 2022

I am doing various freelance jobs based on an H-4 EAD, which is valid through 2023. My H1B registration was selected in the lottery, and that H1B change-of-status request is pending. If the case is approved, do I have to stop using the H-4 EAD immediately?

Answer For an H1B case that was selected in this year's lottery, the petition should have requested a start date of October 1, 2022 or later. If the petition and change-of-status request are approved prior to the requested start date, you should be able to continue...