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06 Nov 2023

Immigration Tips Before Taking a Cruise

While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...

08:12 / Citizen / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
02 Nov 2023

I would like to self-sponsor my I-140 in EB2 based on an NIW, and am willing to pay for premium processing. Do I need to wait 12 years to get the result due to backlogs in EB2 India category?

Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias application...

09:10 / FAQs / For Individuals / Resident
02 Nov 2023

I am working in H1B status and have a pending change of employer petition. I plan to stay with my current employer until the change of employer petition is approved. Will the USCIS notify my current employer of the pending change of employer petition?

Answer Generally, no, the USCIS will not notify one's current employer that another employer has filed a change of employer petition. (02.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

09:07 / FAQs / For Individuals / Worker
26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

07:28 / Employment Based / FAQs / For Individuals / Resident / Worker
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

My mother is visiting on her B-2 visa and recently applied for an extension. If the receipt notice does not arrive before her I-94 expires, does she need to leave the U.S.?

Answer In order to remain in the United States in a period of authorized stay, the B-2 visitor must file the application to extend or change status prior to the expiration date of her current I-94. There is no requirement that the receipt notice be issued...

08:33 / FAQs / For Families / For Individuals / Visitor