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16 Jul 2025

After being laid off from my H1B job, I applied for a change of status to H-4. That application has been pending for several months. I now have a new job offer, and the employer will file an H1B for me. Am I allowed to sign their offer letter now, or do I need to wait for the H1B to be approved?

Answer The rules regarding whether a particular activity may be considered unauthorized employment are fairly vague. However, it seems very unlikely that the USCIS would view signing an offer letter as a form of unauthorized employment. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:10 / FAQs / For Individuals / H1B / Worker
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...

07:24 / FAQs / For Employers / For Individuals / Travel / Worker
09 Jul 2025

I am working in H1B status in California. My wife, who is on H-4, is due to give birth in a few weeks. Will my child be considered a U.S. citizen?

Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...

07:21 / Citizen / FAQs / For Individuals / H1B / Worker
09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

07:16 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident
02 Jul 2025

I am a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card?

Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...

14:51 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident
25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

06:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
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...

06:21 / FAQs / For Individuals / Travel / Worker