20 May 2021

How are wage levels determined for H1B cases? Since I have a master’s degree, does that mean my employer has to file the petition for at least a wage level 2 position?

AnswerWage levels are determined based on the occupation, the minimum job requirements, such as years of work experience and level of education, and the work location(s). There are four wage levels, ranging from wage level 1 (entry level) to wage level 4 (fully competent).To be...

20 May 2021

I lost my job due to the pandemic and returned to India. I have not been able to keep up with my credit card payments. Will this prevent me from returning to the U.S. in the future?

AnswerNo. Under the current immigration rules, owing money to a credit card company typically would not prevent a person from entering the United States.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

20 May 2021

My H1B extension was filed right before my I-94 expired. I had been working for close to 6 months, and then my H1B extension was denied. I understand that I am now out of status and am accumulating unlawful presence; but did the unlawful presence start from the date my I-94 expired, or is it from the date of the denial?

Answer Ordinarily, if an H1B extension is timely filed, no unlawful presence would start to accumulate until after the extension is denied.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

13 May 2021

In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?

Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers.  (13.May.2021)Sheela Murthy and...

06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

06 May 2021

My H1B is valid for another year, but I am not happy with my employer and wish to quit. I may apply for a change to F-1, or I may go to a school in Canada. If my employer revokes my H1B after I quit, will I still be eligible for the 60-day grace period?

Answer Yes, even if your employer withdraws the H1B petition, this will not prevent you from utilizing the 60-day grace period.  (06.May.2021)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...