29 Apr 2019

I am in H-4 status, but do not have an H-4 EAD. Can I open an LLC and start an online business?

Answer One who is in H-4 status, without an EAD, is not permitted to be employed. Self-employment, or opening one's own business almost certainly would be considered unauthorized employment. (29.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

15 Apr 2019

An RFE regarding maintenance of status was issued on my H1B petition. My employer wants to withdraw the change-of-status request, and switch it to consular notification. Is that a good idea?

Answer Generally, an H1B petitioner can switch a case from Change of Status to Consular Notification. Whether it is a good idea, however, can depend on multiple factors. You and/or the employer should discuss this with an attorney before deciding how to proceed. (15.Apr.2019)In frequent sessions...

15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

15 Apr 2019

I work for a multinational corporation and was recently promoted to a Senior Director position within my company. Can I convert my application to EB1?

Answer The law provides specific criteria to qualify for EB1(c) as a manager or executive, which includes certain experience abroad. As a result, someone promoted to a managerial job in the U.S. does not necessarily qualify for EB1(c). (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy...

08 Apr 2019

I am in H1B status, working for a for-profit company. If I transfer to a cap-exempt nonprofit organization, would I later be able to move back to a for-profit company, without having to go through the lottery again?

Answer In general, once one is counted under the H1B cap, it is possible to move back and forth between cap-subject employers and cap-exempt nonprofit employers until one has exhausted one's 6 years of H1B time. (08.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other...