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22 Sep 2026

I recently attended my H1B visa interview at a U.S. consulate abroad. The consular officer mentioned that my social media might need to be reviewed, but did not clearly explain whether anything else was needed. My CEAC status now says “Refused,” even though I have received H1B visas before. Does this mean my visa will not be issued?

Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...

09:33 / Consulates / FAQs / For Employers / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Worker
14 Jul 2026

My new employer filed an H1B transfer petition and received the electronic receipt notice. Do I need to wait for the paper receipt notice to arrive before starting work?

Answer Generally, no. An H1B worker ordinarily may begin employment with the new employer as soon as the H1B transfer petition is properly filed with USCIS, assuming all other portability requirements are met. Employers may have their own onboarding policies, but the physical receipt notice is...

11:15 / FAQs / For Employers / For Individuals / Worker
02 Jun 2026

I heard that the DHS reversed course on the recent 21.May.2025 AOS memo and now says that most immigrants seeking green cards will not need to leave the U.S. to complete the process. Can you please clarify?

Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...

16:17 / Employment Based / Family Based / FAQs / For Families / For Individuals / Homeland Security / Resident / USCIS News
27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News
19 May 2026

We realized after my company filed the ETA Form 9089 that there was a mistake on the application. Can it be corrected after filing?

Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....

11:08 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 May 2026

My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

Answer As long as the qualifying job offer underlying the approved Form I-140 immigrant petition remains valid, there is typically no specific deadline by which a person must file the Form I-485 application for adjustment of status after the priority date becomes current. (19.May.2026)Sheela Murthy and...

11:05 / Employment Based / FAQs / For Employers / For Individuals / Resident
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...

07:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
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...

14:17 / FAQs / For Employers / For Individuals / Worker