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30 Dec 2025

After I was laid off from my H1B position, I filed an application to change status to B-2. While that application was pending, I left the U.S. I later received a notice telling me the application had been denied because of my travel. Does this mean I violated my status while the B-2 was pending?

Answer If a person travels while an application or petition requesting a change of status is pending, the change of status request normally will be deemed abandoned and therefore denied. Such a denial typically would not retroactively result in a violation of status. (30.Dec.2025)Sheela Murthy and...

17:12 / B-2 / FAQs / For Individuals / Travel / Visitor / Worker
30 Dec 2025

I have an approved I-140 and my priority date will be current in January. I am temporarily working abroad and do not expect to return to the U.S. for a few months. Can I apply for my green card from here?

Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...

17:08 / Employment Based / FAQs / For Individuals / Resident / Travel
30 Dec 2025

If I self-sponsor for a green card through the EB1(a) category, might the USCIS issue an RFE to my current employer, or otherwise check with my current employer and disclose that I filed this petition?

Answer Ordinarily, if a foreign national files an EB1(a) petition on their own behalf, the USCIS will not contact one’s existing employer in relation to the petition. (30.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

17:04 / Employment Based / FAQs / For Individuals / Resident
22 Dec 2025

Many years ago, I worked in H1B status for less than six months. I did not like the employer, so I returned to India. I am now back in the U.S. in H-4 status. If I want to again work in H1B status, do I need to go through the lottery?

Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...

17:45 / FAQs / For Employers / For Individuals / H1B / Worker
17 Dec 2025

I’ve had my green card for four months and my company wants me to leave the United States for an extended assignment abroad. Can I file an N-470 application to preserve my residence?

Answer Among other requirements, an N-470 application requires that the applicant was present in the U.S. for an uninterrupted year as a lawful permanent resident. (16.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

11:46 / FAQs / For Employers / For Individuals / Resident