L-1 Visa

Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

1 year ago By Chief Editor

Question details

Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)

FAQ Transcript

The answer is yes. L-1 does not necessitate a demonstration of the ability to pay, as there is no such requirement for L-1 visas. There are two key points to consider: Firstly, the work must be carried out through a local organization. While there is some ambiguity in this area, you must collaborate with a sister company. Therefore, if the startup has an affiliate or sister company in India and you are beginning work with them, it is completely permissible. However, it's crucial to remember that you cannot qualify for an L-1 unless you have worked outside the United States for a branch or an affiliated entity of this company for a minimum of one year.

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Recording for August 10, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

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FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

USCIS Updates Receipts Process for Form I-129S

1 year ago By Chief Editor

Release Date

08/03/2023

U.S. Citizenship and Immigration Services (USCIS) today announced changes to the way USCIS issues receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.

Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal

1 year ago By Chief Editor

Question details

Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).

My employer had applied for H1B this year and last year but had no luck.

Question and suggestion, please:

1) What are my legal options?

1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?

2) Enroll in university for the Master's degree?

2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.

2.2 Should I continue to apply for H1B in the meantime?

3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?

Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.

Lastly, my passport expires in May 2024 as well. Is there any problem there?

- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?

FAQ Transcript

OPT can be applied at the next higher educational level. For instance, if your first OPT was based on a master's degree, you would need to pursue a higher level of education, such as a PhD, to apply for another OPT.

Regarding your passport expiration, it shouldn't be a significant issue. You have the option of expedited passport processing, which can help you get your passport renewed quickly. Overall, it should not cause major complications, and you should be fine.

For more information on your question please visit the blog section:

https://immigration.com/blogs

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USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

1 year ago By Chief Editor

Release Date

06/14/2023

U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:

Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

1 year ago By Chief Editor

Question details

I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.

Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?

If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?

FAQ Transcript

It is recommended to maintain the H-1, H-4, L-1, L-2, etc., statuses because it provides an additional layer of protection in case of any government errors or complications with the I-485 situation. If, for any reason, the government mistakenly or intentionally targets your I-485 application, having an H-1B to fall back on can be advantageous. The H-1B status remains intact and offers continued benefits.

On the other hand, the EAD (Employment Authorization Document), unlike H-1B, grants you the freedom to choose whether to work, not work, work multiple jobs, or even start your own business. However, there are certain limitations to consider. Interestingly, the derivative beneficiary, which refers to your spouse, may have more rights under the EAD compared to your own. It's important to exercise caution and be mindful of these distinctions.

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Recording for May 18, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India

1 year ago By Chief Editor

Question details

My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?

FAQ Transcript

She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.

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Risks and factors involved when H-1B transfer approved and not joining the new employer

1 year ago By Chief Editor

Question details

Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case? What is the validity of H-1B transfer approval?

Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?

FAQ Transcript

Answer 1. Under the immigration law, there is no risk. You have a choice to work with the new employer and also continue working with the old employer.
Just because a second H-1B is approved, it does not mean your old H-1B is revoked, canceled or overruled. They both continue to be in force, but you have to choose one or the other.

Answer 2. Technically, you have violated your status. You should go get your H-1B visa stamping and come back. That is all you have to do.
As for the time limit you are already working without status. Your L-1 is over when you get a change of status. So the earlier you resign the better you are.

Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia

1 year ago By Chief Editor

Question details

Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?

FAQ Transcript

Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.

It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.

Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.

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