17 Nov 2022

I have been managing a large team of professionals in India. My employer now wishes to transfer me to the U.S. office to work as a manager. I will only have a couple of people in the U.S. reporting to me, along with a larger team in India. Is this allowed for L1A?

Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...

17 Nov 2022

My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?

Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...

10 Nov 2022

My employer filed my H1B petition as a Level 1 software developer. However, I have a master’s degree and four years of IT experience. Will this cause my H1B to be denied?

Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...

27 Oct 2022

I was working in H1B status, and then went back to my home country due to an emergency. It has been about seven months, and I now wish to return to my H1B position in the U.S. My visa stamp is still valid, and my employer is supporting this. Is there anything special I need to carry due to my prolonged absence?

Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...