19 Sep 2019

I am in H1B status and moved from Employer A to Employer B about six weeks ago. Employer A still has not provided me with my final paycheck. Is there anything I can do to get the money owed to me?

Answer If a former (or current) employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

19 Sep 2019

I recently completed my master’s degree, and have been on OPT for two months. Due to a family emergency, I need to go back to my home country for at least six months. If I return in F-1 status and complete a second master’s degree, can I then use my remaining OPT time, and then apply for a STEM OPT extension?

Answer Generally speaking, if an individual uses any period of OPT following the completion of a master's degree, that person is not eligible for any OPT following the completion of a second master's degree. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...

12 Sep 2019

My previous employer is refusing to provide me with an experience letter. Is there anything I can do to force them to provide one to me?

Answer Ordinarily, an employer is not obligated to provide anyone with a experience letter. If one cannot obtain an experience letter from a current or former employer, there may be other documents that can be used place of such a letter (e.g., co-worker affidavits confirming your...

12 Sep 2019

I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?

Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...