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29 Dec 2021

I am on STEM OPT, and my registration was selected. The end-client is allowing contractors and employees to work from home until the pandemic is over. Since there is no certainty as to when I will be returning to the office location, how do we list this on the H1B itinerary?

Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020. So, there is a good chance your employer is not required to submit an itinerary.That being said, if your employer is submitting an itinerary, there is no formal...

15:59 / FAQs / For Employers / For Individuals / Student / USCIS News / Worker
23 Dec 2021

I am currently in H1B status, but am in the process of applying for a change to H-4 status and for H-4 EAD. Can I continue to work while my H-4/EAD applications are pending?

Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...

09:06 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
23 Dec 2021

I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?

Answer Generally speaking, if a lawful permanent resident (i.e., "green card" holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:03 / FAQs / For Individuals / Resident / Travel
23 Dec 2021

My H1B petition was recently approved for a wage level 1 position. I also just completed my last credit to earn a master’s degree. Does that mean the employer now has to move me to wage level 2 position?

Answer The wage level is determined by the job requirements, not the person's educational background. If the position does not require a master's degree, the fact that you have earned this advance degree would not, by itself, result in the salary having to be increased. (22.Dec.2021)Sheela...

09:00 / FAQs / For Employers / For Individuals / Worker
16 Dec 2021

January 2022 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability. Employment-Based, Second Preference (EB2)...

12:08 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin
16 Dec 2021

After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager...

08:51 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:48 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker