12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)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...

12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

12 May 2026

I am a conditional green card holder with an expired green card, but I have an automatic extension based on the receipt notice for my petition to remove conditions. Does this place any restrictions on my international travel?

Answer Generally, a conditional green card holder may travel internationally using the expired green card together with the valid extension notice from the petition to remove conditions.However, some countries, such as Mexico, may not permit entry to individuals traveling with an expired U.S. green card unless...

06 May 2026

My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again?

Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

04 May 2026

Reclassification of Medical Marijuana Offers Limited Immigration Relief

The Trump administration has announced a significant shift in federal drug policy, reclassifying state‑licensed medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). This action, taken by the U.S. Department of Justice and the Drug Enforcement Administration (DEA) pursuant...