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19 Aug 2021

I was in the U.S. working pursuant to STEM OPT. Two weeks ago, I needed to return to India for a family emergency. I have a valid F-1 visa, and now wish to return to the U.S. Do I need to first apply for an NIE?

Answer Initially, the guidance from the U.S. Department of State (DOS) regarding F-1 students returning to the U.S. was extremely vague. Fortunately, the DOS has recently clarified that F-1 students (including those on CPT or OPT) who will resume their programs on or after August 1,...

07:09 / FAQs / For Individuals / Student / Travel
11 Aug 2021

My H1B petition was approved through September 30, 2022. However, I have been stuck in India since the start of the pandemic. Is there a limit on how long I can work for the U.S. company from India? Also, is there a limit on how long my H1B approval will remain valid?

Answer From a U.S. immigration law perspective, there is no limit on how long you can work for a U.S. employer while you are physically in India. Also, there is no limit on how long you can remain in India before returning in H1B status. As...

10:48 / FAQs / For Employers / For Individuals / Travel / Worker
11 Aug 2021

I read that there is a new process to obtain a Social Security Number (SSN) based on an I-485 application. I filed my I-485 a few weeks ago. Can I use that to get an SSN?

Answer It is true that the USCIS has now implemented a process so that one may apply for a Social Security Number as part of the I-485 application process. However, it appears this option is only available for I-485 applications that have not yet been filed....

10:42 / FAQs / For Individuals / Resident / USCIS News
11 Aug 2021

I have a valid H1B visa stamp, but my wife’s H-4 visa has expired. We have to travel to India for an emergency. If we cannot get NIEs, I understand we can go to a different country for 2 weeks to get around the COVID travel ban. However, can my wife apply for a visa at a consulate somewhere other than India?

Answer Normally, most U.S. consulates allow third-country nationals to apply for visas. During the pandemic, however, many consulates have imposed additional restrictions. Prior to scheduling your trip, we recommend checking the particular consulate's website for instructions on eligibility to apply as a third-country national.  (11.Aug.2021)Sheela Murthy...

10:40 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

16:57 / Employment Based / Family Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / USCIS News / Worker