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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...

16:37 / EB1 Category / Employment Based / FAQs / For Individuals / L-1 / Resident
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...

13:24 / Employment Based / FAQs / For Individuals / Resident
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...

07:56 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
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...

08:14 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
12 Jul 2019

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...

13:59 / Employment Based / Family Based / For Employers / For Individuals / Legislation / NewsBrief / Resident / Worker