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06 Jan 2022

Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs

A group of twenty-three Democrats in the U.S. House of Representatives have sent a letter to Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, urging him to take steps to reduce processing times for applications for employment authorization (form I-765) filed by H-4...

08:05 / For Families / H-4 Dependents / Homeland Security / L-2 Dependent / NewsBrief / Nonimmigrant Family / USCIS News / Worker
29 Dec 2021

Last year, my employer submitted an H1B registration for me, but it was not selected. This year, the registration was selected in the third lottery. On the I-129 form, it asks if I have ever been denied the classification requested. Do I have to answer yes, based on last year’s registration?

Answer No, failing to have a registration selected is not the same thing as being denied a visa classification. (29.Dec.2021)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 © 2021,...

16:05 / FAQs / For Employers / For Individuals / Worker
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Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020.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

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

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