04 Mar 2020

My H1B was approved through March 31st. However, the last time I entered the U.S., I was issued an I-94 valid through April 10th. Can I continue to work until April 10th? Or, can I at least stay until that date?

Answer CBP officers at the port of entry have the discretion to issue an I-94 10-days beyond the H1B petition end date. The foreign national cannot work during that 10-day period, but may remain in the U.S. during that time. (04.Mar.2020)Sheela Murthy and other senior attorneys...

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...

20 Feb 2020

When I was a child, I had a green card through my parents. My family moved me back to India when I was 7 or 8 years old. I am now in my 20s and want to move back to the U.S. Can I renew my green card now? 

Answer In general, a lawful permanent resident (i.e. 'green card' holder) who leaves the U.S. for more than one year is deemed to have abandoned his/her residency. There are exceptions to this rule, but you would need to consult with an attorney who can review your...