21 Jun 2023

Is there a minimum salary requirement to qualify as an L1B specialized knowledge employee?

Answer No, there are no set salary requirements for an L1B petition. However, the USCIS may take the salary into consideration when determining whether the beneficiary possesses specialized knowledge. (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

21 Jun 2023

I applied for an H-4 extension and an H-4 EAD at the same time. My extension was approved, but my EAD is still pending. Is it okay if I travel outside the U.S., or should I stay here until the EAD is approved?

Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

21 Jun 2023

I work for a small company on H1B. The company likely will be acquired and merged into a much larger company in a few months. Will the larger entity need to file an H1B for me?

Answer In most circumstances, if the acquiring entity assumes all liabilities of the H1B petition and continues to maintain the public access file, no H1B petition / amendment is needed. An authorized official of the new entity should prepare a notarized statement expressly assuming all liabilities...

15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...

15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

08 Jun 2023

I applied for OPT and received a notice indicating that the I-765 application had been approved. However, I still have not received my EAD. Can I start working now?

Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.Jun.2023)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 © 2023, MURTHY LAW FIRM. All Rights...

08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

08 Jun 2023

I was working in H1B status and then moved to H-4. I am now considering a change back to H1B status. If I do this, can I still use the same H1B visa stamp in my passport for purposes of travel? It does not expire until the end of the year.

Answer Ordinarily, a change of status from H1B to H-4 would not impact the validity of the H1B visa "stamp" in one's passport. If the individual leaves the U.S. and wishes to return in H1B status, it typically would be possible to present the approved H1B...

01 Jun 2023

I am on F-1 and my husband is on H1B. I am applying for a change of status to H-4. Do I have to continue my F-1 studies until the change of status is approved?

Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed.  (01.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....