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22 Sep 2022

My employer is filing an L1B for me so that I can continue working on a project involving our proprietary software. Initially, I will be working at our headquarters. But, at some point, I likely will need to work at the client location for some months to finish installing and modifying the software. Is this allowed while on L1B?

Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker.  (22.Sep.2022)Sheela Murthy and...

06:52 / FAQs / For Employers / For Individuals / Worker
22 Sep 2022

I was working for Employer A in H1B status, and then moved to Employer B. I am now interested in returning to Employer A. The employer did not withdraw the petition, and it does not expire until next year. Can I join based on the existing petition, or does Employer A need to first file an H1B transfer?

Answer There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the "dormant" petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among...

06:48 / FAQs / For Employers / For Individuals / Worker
15 Sep 2022

I am in the U.S. in L1B status, and recently have been offered a more senior position. The new position involves much of the same specialized knowledge, but the job duties are different, so my employer is filing an L1B amendment. Can I start working in the new position upon receipt of the amendment?

Answer Unlike the H1B category, where a person typically can begin a new position based on the filing of an H1B amendment, this is not permitted for the L1B category. If an amendment is required, the L1B worker generally must wait for the amendment to be...

07:40 / FAQs / For Employers / For Individuals / Worker
15 Sep 2022

I applied for a B-1/B-2 visa so I can attend some meetings in the U.S. The visa is valid for 10 years, but the meetings were cancelled, so I have yet to enter the U.S. Do I have to use the visa within a certain period for it to remain valid?

Answer Ordinarily, a B-1/B-2 visa will remain valid through the expiration date listed. There is no other set deadline one must meet for the visa to remain valid. (15.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:35 / FAQs / For Individuals
15 Sep 2022

I am working in H1B status, and received a great job offer from a different company. As a courtesy, I gave 4-week notice to my current employer that I would be moving to a new employer. My current employer did not take the news well, and told me I was fired, and that he would immediately revoke my petition. My new employer has not yet filed the change of employer petition. Am I now out of status?

Answer Even though the employer fired you and withdrew your existing H1B petition, this would not impact your eligibility for the 60-day grace period. Assuming your I-94 is still valid and that you have not otherwise violated your status, you should be able to join the...

07:29 / FAQs / For Individuals / Worker
08 Sep 2022

After completing my master’s degree, I applied for OPT. After working in OPT for a few days, I decided to go back and get a second master’s degree in a different field. Now that I am graduating, can I re-apply for OPT?

Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...

16:15 / F-1 / FAQs / For Individuals / Student
08 Sep 2022

For the last several years, I have been running a business in India that is owned by my father. Last year, I purchased a company in the U.S. and now wish to transfer to that company on L1A. Since both businesses are owned by my family, are the companies considered related to one another? If not, and my father transfers ownership of the Indian business to me, would I have to wait another year before I apply for L1A?

Answer The fact that the businesses are "family owned" would generally not be sufficient to qualify for L1A. With one company owned by you and the other company owned by your father, the USCIS would likely take the position that the businesses do not share common...

16:13 / FAQs / For Employers / For Individuals / Worker
01 Sep 2022

I am director of a company in India, and wish to set up a new office in the U.S. I hope to come to the U.S. in L1A status to start operations. I expect to hire 8 or 9 employees for about 10-11 months. Can I wait to lease the office space until I need it?

Answer One of the requirements for an L1A new office is to demonstrate that the company has secured sufficient physical premises to house the new office. The USCIS interprets this to mean that, at the time of filing the new office petition, the petitioner must have...

07:02 / FAQs / For Employers / For Individuals / Worker
01 Sep 2022

My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?

Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)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...

06:59 / Employment Based / Family Based / FAQs / For Individuals / Resident