29 Aug 2019

I have been working as a manager for a company in India for two years. I am now being transferred to the U.S. subsidiary to work as a manager in H1B status. Do I need to move to L1A status to be able to file for EB1 as a manager/executive? If the company does not want to sponsor me for EB1, can I sponsor myself?

Answer One does not need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. But, the EB1(c) petition must be sponsored by the employer. The only type of EB1 case that can be self-sponsored is EB1(a), which...

21 Aug 2019

My client would like me to travel to the U.S. to attend a couple of meetings, so I am applying for a B-1/B-2 visa. Do I need to present the original invitation letter? Or, can I use a scanned copy of the letter?

Answer An invitation letter – whether it be the original or a copy – is not normally required. It can be helpful in certain situations, though. If presented during the visa application, a scanned copy typically would suffice. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy...

21 Aug 2019

My project ended and I now am looking for a new H1B employer. I have about 10 days left of my 60-day grace period. If a new employer files an LCA for me within the 60 days, can the H1B change-of-employer then be filed shortly after the 60 days have passed?

Answer Generally speaking, no, this would not work. In order to be able to port to a new H1B employer, one would need to have the change-of-employer petition filed within the 60-day grace period. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

21 Aug 2019

I am a recipient of Conrad-30 waiver, which I completed last year. If I apply for an H1B position, do I have to go through the lottery?

Answer Generally speaking, a person who has obtained a Conrad 30 waiver is not subject to the H1B cap. Therefore, there typically would be no need to apply through the lottery. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

14 Aug 2019

My H1B extension is pending and my current I-94 is about to expire. What form do we need to file to extend my work authorization for 240 days?

Answer There normally are no forms that would need to be submitted in this situation. The 240-day extension of work authorization is automatic. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

14 Aug 2019

My H1B was selected in the lottery, but it is still pending. If I travel outside the U.S. now, will that result in my H1B being denied?

Answer Generally speaking, if a person travels while an H1B petition is pending, any change-of-status request would be abandoned and the case could be approved only for consular notification. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...