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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
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
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
22 Dec 2025

Many years ago, I worked in H1B status for less than six months. I did not like the employer, so I returned to India. I am now back in the U.S. in H-4 status. If I want to again work in H1B status, do I need to go through the lottery?

Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...

17:45 / FAQs / For Employers / For Individuals / H1B / Worker