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08 May 2024

I am on L1A and have an approved EB1(c) petition. Business is a bit slow in the U.S. right now, so I am planning on working in India for a while and returning to the U.S. when my priority date is current so I can file my I-485. Is that permissible?

Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...

16:47 / Employment Based / FAQs / For Employers / For Individuals / Worker
08 May 2024

After working in H1B status for 6 years, I moved to H-4 status, and have been working on H-4 EAD. My current employer filed a PERM for me last year, and now my I-140 has been approved. Can I use the approved I-140 to move back to H1B status, even though I have already completed 6 years of H1B time?

Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...

16:42 / Employment Based / FAQs / For Employers / For Individuals / Worker
08 May 2024

I was laid off from my H1B position, and was able to find a new employer who is willing to file for me before the end of my grace period. The new position is much more junior than the position I was previously in, however. I was in a wage level 3 position, but this is wage level 1. Is that likely to be an issue with the USCIS?

Answer Typically, moving to a higher or lower wage level with a new employer would not create any issues with the USCIS. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

16:30 / FAQs / For Employers / For Individuals / Worker
29 Apr 2024

USCIS Adopts DOL’s Definition of “Science or Art” for Schedule A Cases

The U.S. Citizenship and Immigration Services (USCIS) recently announced the incorporation of the U.S. Department of Labor's (DOL) definition of "science or art" into its policy manual for Schedule A, Group II cases. The policy change goes into effect immediately. Background An employer sponsoring a foreign national...

16:56 / Employment Based / For Employers / For Families / NewsBrief / Resident / USCIS News
24 Apr 2024

I own a company in the U.S. and one in India. In India, there is someone who has worked for the Indian entity as a contractor for a couple of years, developing a proprietary tool for us. Is it possible for him to now work for the U.S. company in L1B status?

Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024)Sheela Murthy...

13:20 / FAQs / For Employers / For Individuals / Worker
24 Apr 2024

An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE?

Answer Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.2024)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 ©...

13:15 / FAQs / For Employers / For Individuals / Worker
15 Apr 2024

Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi

Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...

16:27 / Consulates / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Visitor
10 Apr 2024

I was laid off from my employer and used almost all of my grace period before joining a new employer. If I were to be laid off again, would that mean I would only get the last few days remaining of my grace period?

Answer After an H1B worker uses any portion of the grace period, that person typically is eligible for another 60-day grace period after receiving a new H1B approval. For example, if an H1B worker gets laid off and then finds a new job during the grace...

17:14 / FAQs / For Employers / For Individuals / Worker