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09 Nov 2023

I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?

Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...

08:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 Oct 2023

I work as a project manager in India, managing IT projects for our U.S. clients. We have a large staff in India, but only a few employees in the U.S. My company wishes to transfer me to the U.S. so that I can manage projects from the U.S., while the substantive work is largely performed in India. Can I qualify as an L1A manager, even though I will have few U.S.-based subordinates?

Answer It still may be possible to qualify as an L1A manager, even if you will have few subordinates. (In fact, it is possible to qualify with no subordinates, although this can make the case more challenging.) It is not uncommon to file L1A petitions for...

08:36 / FAQs / For Employers / For Individuals / Worker
19 Oct 2023

The last time I entered the U.S. in H1B status, I was admitted for an extra 10 days. Am I allowed to work during that 10-day period?

Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...

08:31 / FAQs / For Employers / For Individuals / Homeland Security / Travel / USCIS News / Worker
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...

06:10 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
05 Oct 2023

After my project ended last month, my employer did not have another project lined up for me, so I was laid off. That same employer now has a new project available for me. If the employer files an H1B amendment for me before the end of my grace period, can I immediately resume working for them on the new project?

Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:36 / FAQs / For Employers / For Individuals / USCIS News / Worker