Attorney_23

There is not really a maximum amount of stay for an L-1 who is outside the U.S. So long as the L-1 petition is still valid, the officer at the port of entry has the discretion to admit you. If you are away for a significant period of time, perhaps it would be best to get an updated letter from the employer to verify that the job is still available for you. But, it is not uncommon for L-1 workers to travel back and forth, and sometimes go back to their home country for months at a time, in some cases.

In the preamble to the regulation that created the 24-month STEM OPT program, the Department of Homeland Security (DHS) laid out the rule regarding travel while a STEM OPT extension is pending: Note that, in most circumstances, time spent outside the U.S. while on OPT/STEM OPT count towards the unemployment time.

If you are applying at a U.S. consular post in your country of residency, and assuming you have never had a visa denial that was not overcome, you very likely will be eligible for the dropbox.

The regulations and subsequent guidance do not directly address this issue. But, it seems likely that the grace period would be viewed to have started on the last day you performed work for pay. If the company had paid you for those additional 3 weeks, there's a strong argument that the grace period would not start until the last day of pay. But, being laid off and left on the payroll without being paid is unlikely to impact the start of the grace period.

After one year abroad, in order to return in L-1 status, you would have to again show that you qualify. To do that, you would need to demonstrate that you were working for a related company abroad in a qualifying position for at least one year in the past three years. If you are not working for Company A, and it has been more than two years since you were last employed by them outside the U.S., you would generally not qualify for L-1.

This section of the M-274 Handbook for Employers (i.e., the I-9 manual) lays out what is required to verify employment eligibility based on a pending EAD extension. These are the only documents an employer should request to verify employment eligibility.

Generally speaking, if a person's 60-day grace period has passed, they may remain in the U.S. in a period of authorized stay based on a timely filed application to change status that remains pending. While it is pending, if an employer wishes to file an H1B change of status for the individual, it typically would be recommended to include information regarding the pending F-2 application.

Generally speaking, if an application to change status is timely filed, the individual is permitted to remain in the U.S. so long as the application remains pending. If the applicant will still be in the U.S. beyond the expiration date requested in the pending application, an extension should normally be filed prior to that requested expiration date.

This is not the type of question that can realistically be answered through a forum like this. For a criminal matter like this, we would need to review the court documents and conduct a bit of research into corresponding U.S. law. Based on that, we can determine how this conviction will impact your eligibility to enter the U.S. You may wish to contact our office and schedule a criminal consultation with an attorney. This will allow the attorney to review your court documents and then advise you during the call as to how it may impact you.

Assuming the H1B was approved as a change of status (i.e., approved with an I-94, as opposed to being approved only for consular processing,) it generally would be permissible to file an I-539 for dependents to change to H-4 status. If filed online, a separate I-539 must be filed for each applicant. If filed using a paper I-539, the spouse can be the I-539 applicant and the child can be added on a Supplement A.

If the H1B is approved as a change of status with an immediate start date, you would need to stop working on L-1 as soon as the H1B is approved. There is no grace period. Note that the earliest start date on an H1B cap case is October 1, 2023. So, if the petition is approved as a change of status before October 1, the approval would typically not impact your existing status until October 1.

If you're in valid F-1 status, and your spouse is in valid H1B status, yes, you generally would be permitted to apply for a change to H-4 status.

USCIS has the discretion to allow this; but, there is definitely a possibility that you would need to depart and return with an H1B visa "stamp" and approved H1B petition.

An H1B petition is generally not considered filed until it is actually received by the USCIS. If an H1B change of employer is filed after the grace period, the USCIS will typically deny the status request (i.e., approve the petition, but without an I-94). However, the USCIS has the discretion to forgive a late filing.

Leaving the U.S. while an H1B amendment is pending will have no impact on the amendment. If an amendment is approved while abroad, the new approval notice should typically be presented to the CBP officer at the port of entry when returning to the U.S. If the amendment is still pending when you return, there is guidance indicating that the person can be readmitted. However, we cannot entirely rule out the possibility that a CBP officer at the U.S. port of entry might deny admission without the H1B amendment approval notice.

Applying for the Canadian work permit would typically have no impact on one's ability to extend one's H1B status. Similarly, participating in the Canadian program would not affect a person's ability to later return in H1B status.

Again, one option is not necessarily better than the other. If it were a strong case, I would typically feel comfortable filing at either the consulate or with USCIS. If the case is marginal, you theoretically have a higher chance of success with USCIS, as the legal standard at the consulate is higher. But, it is also possible to apply at the consulate and then, if the case is denied, to then reapply with USCIS.

No, an H1B amendment would typically not impact the validity of an H-4 spouse's EAD.

Normally, abandonment of one's green card would not impact the validity of the family member's green cards. In general, this applies, even if the person who abandons her green card was the principal applicant.

There is no way to know precisely why one case was approved more quickly than the other, but that is not particularly unusual. It could be something as simple as the applications being assigned to two different officers, one of whom is much quicker at reviewing cases. Assuming the case is still within standard processing time, there generally would be no need to submit additional documents. (And, USCIS is unlikely to expedite the processing of one case simply because the spouse's case has been reviewed.)

First off, I am assuming you will be applying via an L-1 blanket (as opposed to getting the petition approved by USCIS, and then just applying for the visa at a consulate.) Ultimately, applying in Canada or India isn't necessarily better or worse. Still, one thing that may be worth considering is, if the employer regularly sends employees to the consulates in India and/or Canada to apply under the blanket, what is its success rate at those consulates? If it's a high success rate, that presumably means they have a relatively favorable reputation at those consulates.

There is generally no set wait-time required before requesting readmission on a B-1/B-2 (or B-2) visa. However, the immigration officer at the U.S. port of entry has discretion to admit or deny admission. The factors typically taken into consideration include recency and duration of the person's past trip(s).

This week, Murthy Law Firm attorneys will answer questions regarding family-based immigration. If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.

This week, Murthy Law Firm attorneys will answer questions regarding birth documentation in the green card process. If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.

This week, Murthy Law Firm attorneys will answer questions regarding the H1B cap-gap. If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.