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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....

13:58 / FAQs / For Employers / For Individuals / H1B / Worker
21 Jan 2026

I had a religious marriage in India but did not register it. Instead, my spouse and I plan to register our marriage in the U.S. once we arrive. Is this permitted?

Answer Religious marriages in India are often considered legally valid under U.S. law. Therefore, you should register the marriage in India. Failure to do so may leave you without key evidence of the marriage for future immigration benefits. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance...

13:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel
14 Jan 2026

Do we still get automatic extension of H-4 EADs based on applying for a renewal?

Answer Unfortunately, the rule allowing for the automatic extension of EADs based on a pending renewal was eliminated in October 2025. EAD renewal applications filed on or after 30.Oct.2025 normally are not granted automatic extensions. (13.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker
06 Jan 2026

I was recently scheduled for an interview regarding my pending I-485. My co-workers who already have employment-based green cards were never asked to go for an interview. Is this a cause for concern?

AnswerThe USCIS is now requiring in-person interviews for the vast majority of I-485 applicants. So, the fact that you have been scheduled for an interview, is not unusual and does not necessarily mean there’s cause for concern. As for your co-workers, this interview requirement is...

18:37 / Employment Based / FAQs / For Individuals / Resident / USCIS News
30 Dec 2025

After I was laid off from my H1B position, I filed an application to change status to B-2. While that application was pending, I left the U.S. I later received a notice telling me the application had been denied because of my travel. Does this mean I violated my status while the B-2 was pending?

Answer If a person travels while an application or petition requesting a change of status is pending, the change of status request normally will be deemed abandoned and therefore denied. Such a denial typically would not retroactively result in a violation of status. (30.Dec.2025)Sheela Murthy and...

17:12 / B-2 / FAQs / For Individuals / Travel / Visitor / Worker
30 Dec 2025

I have an approved I-140 and my priority date will be current in January. I am temporarily working abroad and do not expect to return to the U.S. for a few months. Can I apply for my green card from here?

Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...

17:08 / Employment Based / FAQs / For Individuals / Resident / Travel