01 Jul 2020

Now that Trump has signed an executive order to suspend approval of green cards for those outside of the U.S., can we still apply for I-130 for parents who are in India?

Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

01 Jul 2020

Prior to issuance of the executive order, I scheduled an appointment to get my H1B visa stamp at a consulate in September. Can I still proceed to the appointment?

Answer If one was outside of the U.S. as of June 24th and does not presently have a valid H1B visa or travel document (e.g., advance parole), then the executive order likely prevents one in this situation from being issued an H1B visa. (01.Jul.2020)Sheela Murthy and...

17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

28 May 2020

I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?

Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates.The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in each country...

04 Mar 2020

My NIW I-140 was approved, but the priority date will probably not be current for a number of years. Can I go back to India, and then return to the U.S. once my priority date is current?

Answer Leaving the U.S. normally would not impact the validity of the I-140. Assuming one is going to be outside the U.S. at the time the priority date becomes current, it should be possible to have the case processed at the local U.S. consulate. (04.Mar.2020)Sheela Murthy...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

31 Oct 2019

I have been working in H1B status for several years. My I-94 has been extended to 2022, but the visa stamp in my passport has expired. Can I apply for a new stamp in Canada?

Answer Generally speaking, it is possible to apply for a visa "stamp" in Canada. It is suggested that you read this official information regarding third-country nationals applying for a visa in Canada. (30.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

17 Oct 2019

My H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...