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17 Nov 2022

I have been managing a large team of professionals in India. My employer now wishes to transfer me to the U.S. office to work as a manager. I will only have a couple of people in the U.S. reporting to me, along with a larger team in India. Is this allowed for L1A?

Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...

08:27 / FAQs / For Employers / For Individuals / Worker
17 Nov 2022

My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?

Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...

08:19 / FAQs / For Employers / For Individuals / Worker
17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:04 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

07:25 / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker
11 Nov 2022

MurthyAudio: Money Matters – Ability to Pay and Affidavit of Support

The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...

13:46 / Citizen / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / MurthyAudio / Resident
10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...

06:28 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
10 Nov 2022

Over the past year, I have worked for three different H1B employers. There were a few reasons for these job changes, but it mainly came down to finding better opportunities for better pay. Are there any immigration risks with multiple job changes while on H1B?

Answer As a general rule, there is no direct, inherent risk in moving between multiple H1B employers. In fact, there have been numerous changes implemented to the H1B program over the years specifically to better ensure that H1B workers are able to change employers as needed....

06:24 / FAQs / For Individuals / Worker
10 Nov 2022

My employer filed my H1B petition as a Level 1 software developer. However, I have a master’s degree and four years of IT experience. Will this cause my H1B to be denied?

Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...

06:21 / FAQs / For Employers / For Individuals / Worker
09 Nov 2022

Revised Form N-648 to Help Naturalization Applicants with Disabilities

The U.S. Citizenship and Immigration Services (USCIS) recently announced an updated policy regarding medical certification for disability exceptions (form N-648) to make the naturalization process more accessible for applicants with disabilities. The USCIS policy manual clarifies the manner in which medical professionals can properly complete...

07:21 / Citizen / For Individuals / NewsBrief / Resident / USCIS News