30 Jan 2020

My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B...

23 Jan 2020

I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?

Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that...

16 Jan 2020

I am Indian and have an approved EB2 I-140. If I apply for a national interest waiver (NIW), will that help me get a green card more quickly?

Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2020)Sheela Murthy and other senior attorneys...

16 Jan 2020

Does the U.S. allow for dual citizenship?

Answer U.S. law does not prohibit a person from being a dual citizen. But, depending on the circumstances, there are certain complications that can arise; and one must take into consideration the laws of the other country regarding dual citizenship. (16.Jan.2020)Sheela Murthy and other senior attorneys...

09 Jan 2020

My employer did not run my payroll for several months, but is now paying me those wages in lump sums in January and February 2020. Because of this, the total wages listed on my 2019 W-2 is well below the wage on my LCA. Will this cause problems with my H1B extension?

An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...