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...

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...

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...

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...

24 Jul 2019

August 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...