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10 Nov 2022

My employer filed my H1B petition as a Level 1 software developer. However, I have a master’s degree and four years of IT experience. Will this cause my H1B to be denied?

Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...

06:21 / FAQs / For Employers / For Individuals / Worker
03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

08:47 / Family Based / FAQs / For Individuals / Homeland Security / Resident / Travel / Visitor
03 Nov 2022

I am in H1B status with an I-94 valid until 2024, but I soon will be laid off. My employer said that, instead of officially laying me off now, they will let me take a voluntary, unpaid leave for 3 months. If I have not found a new employer by then, I can keep searching for another 60 days based on the grace period. Is that correct?

Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...

08:40 / FAQs / For Individuals / Worker
27 Oct 2022

I was working in H1B status, and then went back to my home country due to an emergency. It has been about seven months, and I now wish to return to my H1B position in the U.S. My visa stamp is still valid, and my employer is supporting this. Is there anything special I need to carry due to my prolonged absence?

Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...

07:10 / FAQs / For Employers / For Individuals / Travel / Worker
27 Oct 2022

My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker
27 Oct 2022

The USCIS recently denied my L1A petition because they said the U.S. position did not appear to be managerial. The U.S. position is very technical, so we now want to reapply under the L1B category. How long do we have to wait after the L1A denial before filing the L1B petition?

Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...

07:04 / FAQs / For Employers / For Individuals / Worker
20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student
20 Oct 2022

My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...

09:36 / FAQs / For Individuals / Worker
20 Oct 2022

I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the...

09:30 / FAQs / For Individuals / Travel / Visitor