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31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

17:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
16 Oct 2024

I was working in the U.S. on H1B, and my employer agreed to transfer me to a foreign office to work as a manger for one year so I could qualify for EB1(c). I am now ready to return to the U.S. Is it true I need to enter on L1A to be eligible for the EB1(c) category?

Answer No, that is not correct. Whether you come to the U.S. on L1A or H1B should have no impact on your eligibility for the EB1(c) category. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

10:38 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Oct 2024

We wish to start the PERM green card process for an employee, but the U.S. Department of Labor wage data is significantly higher than what we have seen being paid for this position in this market. Is there anything we can do?

Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination.  (08.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

13:25 / Employment Based / FAQs / For Employers / For Individuals / Resident
07 Oct 2024

Murthy Snapshot: USCIS Clarifies Guidance on EB1(a) Extraordinary Ability Criteria

On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a policy alert for the USCIS Policy Manual, to clarify how certain eligibility criteria will be evaluated under the employment-based, first preference (EB1) category for persons of extraordinary ability. An overview of the...

12:53 / Employment Based / For Employers / For Individuals / NewsBrief / Resident / USCIS News
25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

13:43 / Employment Based / Family Based / FAQs / For Families / For Individuals / H-4 Dependents / Immigrant Family / Nonimmigrant Family / Resident