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11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue? 

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length.  (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
11 Feb 2026

I am currently on OPT and my employer will be entering me in the H1B lottery. I am presently earning the equivalent of a Wage Level 1 salary, but the employer has agreed to increase it to Wage Level 2 for my H1B lottery case. Does the employer have to start paying the higher salary now?

Answer Generally speaking, the H1B wage does not have to be paid until and unless the foreign national is granted H1B status. There is no requirement that the H1B salary be paid at the time the person enters the H1B lottery.  (11.Feb.2026)Sheela Murthy and other senior...

06:03 / FAQs / For Employers / For Individuals / Student / Worker
04 Feb 2026

I am a manager at a large multinational company in the U.S. I used to work as a manager abroad, but it was for an unrelated company. Can I file for EB1(c) as a multinational manager?

Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (03.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

07:21 / Employment Based / FAQs / For Individuals / Resident / Worker
04 Feb 2026

I need to get an English translation of a document that I am submitting to the USCIS. Do I have to use an official translation service for this?

Answer The USCIS policy manual states, “any document containing a foreign language submitted in support of a benefit request must be accompanied by a full English language translation.[32] The translator must certify that the translation is complete and accurate, and that the translator is competent to...

07:16 / FAQs / For Individuals / Resident / Worker
27 Jan 2026

My H1B visa stamping appointment was rescheduled, so I am stuck in India for a number of months. Also, my PERM was just approved. Does my employer need to wait for me to be back in the U.S. before filing the I-140?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (27.Jan.2026)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...

17:55 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
27 Jan 2026

I recently had to renew my passport. Can I use my new passport, along with the unexpired H1B visa stamp in my old passport, to enter the U.S.?

Answer Generally speaking, yes, a person may present a valid H1B visa in an expired passport along with the new, unexpired passport to request admission in H1B status. (27.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

17:52 / FAQs / For Individuals / Travel / Worker
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