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16 Jul 2025

My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?

Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...

07:18 / Employment Based / FAQs / For Families / For Individuals / Resident
16 Jul 2025

After being laid off from my H1B job, I applied for a change of status to H-4. That application has been pending for several months. I now have a new job offer, and the employer will file an H1B for me. Am I allowed to sign their offer letter now, or do I need to wait for the H1B to be approved?

Answer The rules regarding whether a particular activity may be considered unauthorized employment are fairly vague. However, it seems very unlikely that the USCIS would view signing an offer letter as a form of unauthorized employment. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:10 / FAQs / For Individuals / H1B / Worker
09 Jul 2025

I am working on H1B and my employer has agreed for me to work from India for a few months, due to family reasons. I read online that there is a limit to how long an H1B worker may remain abroad. Is this true?

Answer We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located...

07:24 / FAQs / For Employers / For Individuals / Travel / Worker
09 Jul 2025

I am working in H1B status in California. My wife, who is on H-4, is due to give birth in a few weeks. Will my child be considered a U.S. citizen?

Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...

07:21 / Citizen / FAQs / For Individuals / H1B / Worker
09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

07:16 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident
25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

06:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
25 Jun 2025

My H1B extension was approved recently, and I now am going to apply for a new visa stamp in Canada. If the visa is denied, can I return to the U.S. using automatic visa revalidation?

Answer Automatic visa revalidation (AVR), otherwise known as the contiguous territory rule, allows a foreign national who has made a brief trip to Canada or Mexico to request readmission to the U.S. based on the existing I-94, without the need for a valid visa “stamp.” To...

06:21 / FAQs / For Individuals / Travel / Worker