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27 Jan 2022

I worked in the U.S. in H1B status for a few months. When COVID began, my employer allowed me to go back to India to work in the same position from there. My H1B expires at the end of September, but I am hoping to keep working in the position from India for the foreseeable future. Can my employer extend my H1B while I am still in India? Also, does the extension have to be filed before the end of September?

Answer Ordinarily, if an employee is abroad, the employer may file the H1B extension for consular notification. In that situation, the USCIS can approve the petition, but will not issue a new I-94. Instead, once the foreign national enters the U.S. with the approved petition (and...

08:16 / Consulates / FAQs / For Employers / For Individuals / Homeland Security / Travel / Worker
20 Jan 2022

I was working in the U.S. in H1B status for about six months. Right before the pandemic, I traveled to India. Since then, I have been working in my H1B position remotely from India. My salary is still paid to me in my U.S. account. Will the time I have spent working from India count against my six-year max of H1B time?

Answer No, ordinarily, only time spent physically in the U.S. in H1B status counts against the standard six-year max. The location of your employer and your bank account would not really factor into the question of determining how much H1B time you have remaining. (19.Jan.2022)Sheela Murthy...

06:14 / FAQs / For Individuals / H1B / Worker
20 Jan 2022

I am currently in the U.S. in H1B status. My visa stamp expired, and I need to travel. I am not able to get an appointment in India for several months. Is it possible to apply for a new visa stamp from within U.S.?

Answer No. Ordinarily, there is no means of applying for a visa from within the United States.  (19.Jan.2022)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 © 2022, MURTHY LAW FIRM....

06:06 / FAQs / For Individuals / H1B / Travel / Worker
06 Jan 2022

Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs

A group of twenty-three Democrats in the U.S. House of Representatives have sent a letter to Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, urging him to take steps to reduce processing times for applications for employment authorization (form I-765) filed by H-4...

08:05 / For Families / H-4 Dependents / Homeland Security / L-2 Dependent / NewsBrief / Nonimmigrant Family / USCIS News / Worker