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04 Sep 2024

If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...

10:38 / FAQs / For Employers / For Individuals / Travel / Worker
28 Aug 2024

My employer is sponsoring me for a PERM position that requires prior work experience. Can I use experience gained with a foreign employer to qualify for the position?

Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024)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 ©...

10:45 / Employment Based / FAQs / For Employers / For Individuals / Resident
14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

06:38 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker