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27 Mar 2024

My I-140 is approved in the EB1 category and the priority date is current. I am in India, but will soon return to the U.S. My wife will not come to the U.S. for several months. When I arrive in the U.S., can I file the I-485 applications for both of us?

Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

10:20 / Employment Based / FAQs / For Individuals / Resident / Travel
20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...

14:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

14:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Travel / Worker
20 Mar 2024

A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

14:16 / FAQs / For Employers / For Individuals / Worker
13 Mar 2024

I got a green card through my employer, and I have a son who is a U.S. citizen by birth. We have decided to move back to India for a few years due to family reasons, which will mean giving up my green card. When my son turns 21, can he sponsor me for another green card?

Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...

07:56 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Mar 2024

I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...

06:51 / FAQs / For Employers / For Individuals / H1B / Worker
06 Mar 2024

I have about 11 months of H1B time remaining before I max out. If I leave the U.S. for 1 year, and then return in H1B status, would I be eligible for another 6 years of H1B time?

Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to be...

06:48 / FAQs / For Employers / For Individuals / H1B / Worker
06 Mar 2024

My employer has asked me to travel to the U.S. on my B-1 visa to meet with a client. The client has provided me with an invitation letter. Is it necessary to get the letter notarized?

Answer Ordinarily, there is no requirement that an invitation letter be presented at all when requesting admission on a B-1 visa. However, they can be useful to present as evidence of the purpose of one’s visit. If such a letter is presented, there normally is no...

06:44 / FAQs / For Individuals / Travel / Visitor