15 Aug 2016

I have a valid H1B, but am in India and do not have a project in the U.S. I also have an H-4 visa stamp. Can I come to the U.S. on my H-4? What should I expect from the immigration officers at the POE?

Answer If the H-4 visa stamp is valid and unexpired, it could be used to reenter the U.S., as long as one is still married to the primary beneficiary in H1B status. The POE officers need proof of H-4 eligibility, such as a copy of the...

01 Aug 2016

My 6 years on H1B is about to expire, but I have a newborn who was born premature and will be in the ICU for several months. Can my H1B be extended beyond 6 years based on my family’s medical needs?

Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...

27 Jan 2016

Priority Date Retention & I-140 Revocation Protections: Proposed Regulation

As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...