20 Aug 2025

My employer just obtained the prevailing wage for my PERM and is about to start recruitment. Am I allowed to travel?  

Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

23 Jul 2025

A number of years ago, I was issued a B-1/B-2 visa, which expires in 2028. It was issued through my previous employer, with whom I’m no longer associated. Am I still allowed to travel to the U.S. on this visa?

Answer Generally speaking, a B-1/B-2 visa is not tied to any particular employer and remains valid through the date indicated on the visa. (22.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

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...

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...

30 Apr 2025

I received a B-1/B-2 visa stamp a few years ago. More recently, I was issued an F-1 visa stamp by the same U.S. consulate. Does this mean my B-1/B-2 is no longer valid?

Answer Typically, applying for an F-1 visa “stamp” would not impact the validity of an existing B-1/B-2 visa. (30.Apr.2025)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 © 2025, MURTHY...

30 Apr 2025

I am an Indian citizen in H1B status and will be going to Australia for a few weeks as a tourist. Can I apply for a new H1B visa stamp from a consulate while I am there?

Answer U.S. consulates typically allow third country nationals to apply for nonimmigrant visas. (30.Apr.2025)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 © 2025, MURTHY LAW FIRM. All Rights Reserved...

23 Apr 2025

I will be applying for a new H1B visa stamp when I am in India next month. My current H1B visa stamp is still valid for another 4 months. If the consulate denies my visa renewal, am I still allowed to return using the existing visa stamp?

Answer If your visa renewal request is denied, this would not directly impact your existing H1B visa “stamp.” However, the consular officer has the ability to revoke the existing visa stamp, if they so wish. (22.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...