16 Mar 2023

In 2022, I entered the U.S. on H-4 status. I then changed status to H1B, which is valid through 2025. I was recently laid off. Can I leave and return on my H-4 visa, or is that visa stamp now invalid since I changed to H1B status? 

Answer Typically, a change in status to H1B would have no impact on the validity of an H-4 visa "stamp." As long as the visa has not expired, it typically can be used to request readmission in H-4 status (assuming the principal H1B worker remains in...

09 Mar 2023

I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...

09 Mar 2023

I am in H1B status and my employer just filed a PERM LC for me. Am I allowed to travel while this case is pending?

Answer Ordinarily, travel has no impact on a pending or approved PERM LC.  (09.Mar.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

02 Mar 2023

My B-1/B-2 visa expires on May 2, 2023. When I entered the U.S. a few weeks ago on the visa, my I-94 was issued through August 10, 2023. By what date do I need to leave the U.S.?

Answer The visa is an entry document. Typically, it must be valid at the time the person requests admission to the United States. Once admitted, however, the visa expiration date typically has no impact on the person's status. A person's B-1/B-2 status expiration date normally is...

02 Mar 2023

I was laid off from my H1B position, and now have a new job offer. However, the job being offered is by a university that qualifies as cap exempt. If I accept the job and later wish to transfer back to the private sector, would I need to go through the lottery again?

Answer If you have been counted against the H1B cap and then move into a job working for a cap-exempt employer, this typically would have no impact on your ability to later return to a cap-subject employer. (02.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that...