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08 Sep 2022

After completing my master’s degree, I applied for OPT. After working in OPT for a few days, I decided to go back and get a second master’s degree in a different field. Now that I am graduating, can I re-apply for OPT?

Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...

16:15 / F-1 / FAQs / For Individuals / Student
08 Sep 2022

For the last several years, I have been running a business in India that is owned by my father. Last year, I purchased a company in the U.S. and now wish to transfer to that company on L1A. Since both businesses are owned by my family, are the companies considered related to one another? If not, and my father transfers ownership of the Indian business to me, would I have to wait another year before I apply for L1A?

Answer The fact that the businesses are "family owned" would generally not be sufficient to qualify for L1A. With one company owned by you and the other company owned by your father, the USCIS would likely take the position that the businesses do not share common...

16:13 / FAQs / For Employers / For Individuals / Worker
01 Sep 2022

I am director of a company in India, and wish to set up a new office in the U.S. I hope to come to the U.S. in L1A status to start operations. I expect to hire 8 or 9 employees for about 10-11 months. Can I wait to lease the office space until I need it?

Answer One of the requirements for an L1A new office is to demonstrate that the company has secured sufficient physical premises to house the new office. The USCIS interprets this to mean that, at the time of filing the new office petition, the petitioner must have...

07:02 / FAQs / For Employers / For Individuals / Worker
01 Sep 2022

My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?

Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)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...

06:59 / Employment Based / Family Based / FAQs / For Individuals / Resident
29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...

11:48 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker