17 Jul 2024

I am a partner at a medium-sized generics pharmaceutical company in India. We also have a small operation in the U.S. Are there any visa categories, other than H1B, that can be used for us to bring workers to the U.S.?

Answer Yes, the most likely category is L1A for managers and executives and L1B for employees with specialized knowledge. In recent years, the Murthy Law Firm has been working with a growing number of companies involved in generic pharmaceuticals to help them file L-1 petitions. The...

10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...

10 Jul 2024

I am currently on H1B status. A good friend of mine owns a business, and he has offered to have his business file a PERM case for me. Is this allowed?

Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...

26 Jun 2024

I understand that, for a company to qualify for L-1, both the U.S. and foreign company must be “doing business.” We process all of our sales through the U.S. company, while the foreign entity provides services solely for the U.S. company. Is that considered doing business for L-1 purposes? Does this also work if we want to use this for an EB1(c) case?

Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...