19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

19 Aug 2021

I was in the U.S. in H1B status, but am now working from India. My H1B approval will expire in a few weeks, but I do not expect to return to the U.S. until around December. Does my employer need to file my H1B extension before the current one expires?

Answer No, if you are not in the U.S., the H1B extension does not need to be filed before the current one expires.  (19.Aug.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

19 Aug 2021

I was in the U.S. working pursuant to STEM OPT. Two weeks ago, I needed to return to India for a family emergency. I have a valid F-1 visa, and now wish to return to the U.S. Do I need to first apply for an NIE?

Answer Initially, the guidance from the U.S. Department of State (DOS) regarding F-1 students returning to the U.S. was extremely vague. Fortunately, the DOS has recently clarified that F-1 students (including those on CPT or OPT) who will resume their programs on or after August 1,...