05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

29 Jan 2025

I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his shares in the U.S. entity to me, do I need to wait another year before I qualify for L-1?

Answer The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and...

29 Jan 2025

While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record?

Answer No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

22 Jan 2025

After working in the U.S. on H1B for a few years, my company sent me back to India to work as a manager for one year. I am now being transferred back to the U.S. in a managerial role so I can file in the EB1 category. Do I have to transfer back on L1A to qualify, or can I go back on H1B?

Answer You should be able to return on L1A or H1B. Either way, this should not impact your eligibility for the EB1(c) category. (22.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...