17 Apr 2025

My son legally entered the U.S. in H-4 status when he was 13 years old. He is now 15. Does he have to comply with the alien registration requirement, even though he has always maintained valid status?

Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders.Further details on who...

10 Apr 2025

Best Practices for Noncitizens Returning to the U.S.

In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that...

02 Apr 2025

I sent my application to the wrong USCIS lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

26 Mar 2025

I am in H1B status and am trying to fill out an online form I-539 so I can change to H-4. The form asks me to list my current status, but the drop-down menu does not provide H1B as an option. What should I do?

Answer This question on the online I-539 is a bit confusing. To indicate you are in H1B status, you must select the “1B1 - H-1B1 Specialty Occupation” option. (26.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...