27 Jan 2026

My H1B visa stamping appointment was rescheduled, so I am stuck in India for a number of months. Also, my PERM was just approved. Does my employer need to wait for me to be back in the U.S. before filing the I-140?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (27.Jan.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...

21 Jan 2026

I am currently on OPT and my employer will be filing for me in the H1B lottery. They have agreed to raise my salary to increase my odds of being selected. When would they have to start paying the increased salary, if I am selected?

Answer The employer would not have to start paying the H1B salary until you are actually in H1B status. If you are selected in the lottery, 01.Oct.2026 will be the earliest requested start date. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

14 Jan 2026

DOS Pausing Visa Processing for Citizens of 75 Countries

In a significant development for international travel, a U.S. Department of State (DOS) memorandum has revealed a plan to indefinitely freeze visa processing for citizens of 75 countries, effective 21.Jan.2026. This move represents a major expansion of the current administration’s immigration and border policies.According to...

14 Jan 2026

I need to get an English translation of a document that I am submitting to the USCIS. Do I need to pay for an official translation for this to be usable with the USCIS?

Answer Per regulation, “Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language...

09 Jan 2026

USCIS Premium Processing Fees to Increase, Effective 01.Mar.2026

On Monday, 12.Jan.2026, the U.S. Department of Homeland Security is scheduled to publish a final rule in the Federal Register that will increase the premium processing fees. This fee increase will go into effect on 01.Mar.2026.Per the final rule, premium processing fees that are currently...

22 Dec 2025

Many years ago, I worked in H1B status for less than six months. I did not like the employer, so I returned to India. I am now back in the U.S. in H-4 status. If I want to again work in H1B status, do I need to go through the lottery?

Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...