26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

19 Oct 2023

USCIS Launches New Online Change-of-Address Tool

On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating...

12 Oct 2023

My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?

Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...

25 Sep 2023

Possible Government Shutdown as of 01.Oct.2023

Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...