16 Jan 2020

I am Indian and have an approved EB2 I-140. If I apply for a national interest waiver (NIW), will that help me get a green card more quickly?

Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2020)Sheela Murthy and other senior attorneys...

16 Jan 2020

Does the U.S. allow for dual citizenship?

Answer U.S. law does not prohibit a person from being a dual citizen. But, depending on the circumstances, there are certain complications that can arise; and one must take into consideration the laws of the other country regarding dual citizenship. (16.Jan.2020)Sheela Murthy and other senior attorneys...

09 Jan 2020

My employer did not run my payroll for several months, but is now paying me those wages in lump sums in January and February 2020. Because of this, the total wages listed on my 2019 W-2 is well below the wage on my LCA. Will this cause problems with my H1B extension?

An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...

09 Jan 2020

My project is about to end and I need to move to a new H1B employer. I found a company willing to sponsor me, but the position is only 20-hours per week. Is that ok? If I find a second employer to sponsor me for another part-time position, can I work for both companies at the same time?

An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...