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19 Aug 2021

I was in the U.S. in H1B status, but am now working from India. My H1B approval will expire in a few weeks, but I do not expect to return to the U.S. until around December. Does my employer need to file my H1B extension before the current one expires?

Answer No, if you are not in the U.S., the H1B extension does not need to be filed before the current one expires.  (19.Aug.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:12 / FAQs / For Employers / For Individuals / Worker
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