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10 Feb 2014

I was working in H1B status for Company A. Company B then filed a petition on my behalf and I started to work for them. I would now like to return to Company A. In order to return to that employer, does Company A need to file a new petition for me?

Answer: If Company A has not withdrawn the H1B petition that it filed on your behalf, and you have been maintaining valid H1B status, you should be able to return to that previous employer based on the still-valid petition. (10.Feb.2014)In frequent sessions of our Chat, Sheela...

22:56 / FAQs
10 Feb 2014

I am certain that I will return to India this year without completing the green card process. Do I need to withdraw the application? What are the implications of this? Will I have issues coming to U.S. on a nonimmigrant visa in future?

Answer: If you are planning to abandon the permanent resident process, it may be wise to withdraw the I-485 application; that way you will have a better chance of obtaining a nonimmigrant intent visa (e.g., B-1/B-2, F-1) in the future. Before making a decision about withdrawing...

22:38 / FAQs
10 Feb 2014

My wife is a green card holder, but she has been in India for more than two years due to a medical emergency. She did not apply for a reentry permit before she left the U.S. What is the procedure for bringing her back to the U.S.?

Answer: Depending upon the specific situation, a green card holder who has been outside of the U.S. for more than one year without first applying for a reentry permit, may be able to obtain an SB-1 Returning Resident visa. It would be wise to consult with...

22:00 / FAQs
03 Feb 2014

I am on H1B and recently changed to a new employer. My spouse has an H-4 visa that was issued under my previous employer’s name. She plans on entering the United States later this month; does she first need to apply for a new H-4 visa?

Answer: If you are maintaining valid H1B status, your spouse should be able to use her existing H-4 visa, even though it references your old employer. Your spouse should carry a copy of your new H1B approval with her when she travels so that the CBP...

15:24 / FAQs
27 Jan 2014

Is there any update on EAD for H-4s?

Answer: Unfortunately, employment authorization documents (EADs) are still not available for H-4 status holders. It continues to be an issue that comes up in congressional discussions about immigration reform. If any concrete action takes place on this important matter, we will post information about it on...

22:22 / FAQs