21 Jun 2023

Is there a minimum salary requirement to qualify as an L1B specialized knowledge employee?

Answer No, there are no set salary requirements for an L1B petition. However, the USCIS may take the salary into consideration when determining whether the beneficiary possesses specialized knowledge. (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

21 Jun 2023

I work for a small company on H1B. The company likely will be acquired and merged into a much larger company in a few months. Will the larger entity need to file an H1B for me?

Answer In most circumstances, if the acquiring entity assumes all liabilities of the H1B petition and continues to maintain the public access file, no H1B petition / amendment is needed. An authorized official of the new entity should prepare a notarized statement expressly assuming all liabilities...

15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...

12 Jun 2023

USCIS Prioritizing Pending B-1/B-2 Applications for Laid Off Workers Who Find New Employment

The U.S. Citizenship and Immigration Service (USCIS) has provided a possible mechanism for certain laid off nonimmigrant workers who have pending B-1 or B-2 (B-1/B-2) applications to regain work visa status. More specifically, if the nonimmigrant worker has a pending application to change status to...

08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

08 Jun 2023

I was working in H1B status and then moved to H-4. I am now considering a change back to H1B status. If I do this, can I still use the same H1B visa stamp in my passport for purposes of travel? It does not expire until the end of the year.

Answer Ordinarily, a change of status from H1B to H-4 would not impact the validity of the H1B visa "stamp" in one's passport. If the individual leaves the U.S. and wishes to return in H1B status, it typically would be possible to present the approved H1B...

01 Jun 2023

I was laid off last week and plan on leaving the U.S. before my grace period ends. If I use the full 60 days, will that be used against me next time I apply for a visa?

Answer It seems unlikely that an immigration officer would take issue with a person using the full 60-day grace period.  (01.Jun.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 ©...