We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task.
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.
Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.
USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
This is the latest release from USCIS. I think they are misreading the fees requirement. The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry). The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees. We will wait and see if this clarified
I am currently in the U.S. on an L-1 visa. My fiance is Hungarian and currently visiting me on a tourist visa. My L-1 was issued in Tokyo, Japan. Can we get married in the U.S. and get her an L-2 visa without her having to leave.
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
----------------------------------------------------------------------
It seems that to qualify for an L1-A Visa, one has to be employed overseas by the same employer for a year on a full time basis. How would you define "full time"? Does a work schedule of 4 days a week qualify?
Generally speaking, 35 hours each week can be argued to be full time.
If during the one year overseas employment period, the overseas company sends me to US on a B-1/B-2 visa for brief tenures several times in the year, does that period of stay in US on B1/B2 visa, how so ever short it may be, also count towards calculating the overseas employment tenure of at least one year in preceding three years prior to filing L-1A petition.
Your time in USA must be compensated with extra time outside USA. If the time in USA is just a few days in a year, you should be fine with that formula. But, if the time in USA is too much (several months), things get much more complicated.
My husband and I work for a large MNC with big presence in US and India. His L1A application has some RFE which he is working on. In case it gets rejected can he move to L2 without leaving the country? Can I apply for his L2 now even though his L1A is under processing? If so how long will it take for it to get approved and come back?
Normally, you can apply for another status only while still in status. Once the existing L-1 term is over, getting a change of status within USA is difficult. You need to discuss your case with your lawyers.
In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
I have an L-2 dependent visa as a child and I am currently attending US College. However, I am turning 21 in December of 2010, does that mean I will no longer be eligible for an L-2 visa through my father's company? And do I have to change to F-1 status?
Correct. Once you are 21, you cannot be on L-2 status.
I have an L1B VISA and want to convert to H1B in order to shift from my current employer to a permanent employer in US. I am aware that quota for H1B is full for the year 2009 but need the H1B VISA by 2010 Feb for my new employer. Is it anyway possible to get this done before Feb 2010 although the quota is full?
Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)
I have been with Company A for 2yrs 8 months and later shifted to Company B. Recently I have joined back Company A, with a time gap of 8 months. Can Company A apply for an L1 now?
Yes, looks like you can. The law only requires one year of employment out of the last three years.
My parents are in Kenya and do business there. I want to have them shift to the states and do business here. Can my parents start a subway franschise on an L1 visa? My father owns supermarkets and a mall in kenya. I was wondering if he could get an L1 visa and start business here. What options does he have?
Can we start a fast food joint based on an L1 visa as well? Also, I would like to mention that my parents would like to keep the business in Kenya to continue and they would want to travel between the US and Kenya.
L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.
I have 3 questions about the L1B visa I hope you can help me with:
1.Is it possible to work part time for another company than your sponsor under an L1B visa? (at the same time)
2.Is there a minimum amount of hours you have to be employed weekly under an L1B? Or can you just work part time for your sponsor company?
3.Lets say I want to apply under the "dual intent" law to permanent residence with an L1B visa, is it possible to do so by working only part time to my sponsor or do I have to be full time employed to be able to apply under the dual intent law ?
1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice:]
Visas: Issuance of Full Validity L Visas to Qualified Applicants
AGENCY: State Department.
ACTION: Final Rule.
SUMMARY:This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security.
Filing location for concurrently-filed I-140/I-485 petitions
This report contains information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
|
U.S. Consulate General, Mumbai resumes H and L visa processing The U.S. Consulate General, Mumbai is pleased to announce the resumption of interviews in Mumbai for H and L visas. The H and L visa categories are petition-based and enable a beneficiary to work legally in the United States. In 2010, Indians applicants received 65 percent of all H1B visas issued worldwide. |
I have an L-1 Blanket petition and I traveled to US for one week and used that VISA. Part of my job, I need to work in one of our offices outside USA for a year, but will just have to go to US for one week every 2 months. Will that affect my visa since I would not be fulltime working in US? I have M entries in my L-1.
As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.
Blanket L Visa processing to move to the U.S. Consulate General in Chennai on December 1, 2011.
The U.S. Consulate General in Chennai will become the sole acceptance center in India for all applications for intra-company transfers under the blanket L category as of December 1, 2011. The U.S. Embassy in New Delhi and U.S. Consulates in Mumbai, Kolkata and Hyderabad will no longer accept or process applications for this visa category. The blanket L category includes specialized knowledge professionals, executives and managers.