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19 Nov 2025

I recently became a citizen of Canada, but my wife is still an Indian citizen. I wish to invest in a business in the U.S. and apply for E-2. Can my wife be granted an E-2 dependent visa, even though she is not Canadian?

Answer Yes, if your E-2 is approved as the principal investor, your spouse may be issued an E-2 dependent visa, even if she is not a Canadian citizen. (19.Nov.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

12:46 / FAQs / For Families / For Individuals / Worker
19 Nov 2025

I am in H1B status and recently got married to a U.S. citizen. We filed an I-130 and I-485 based on the marriage, and both cases are still pending. I may be laid off soon. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the H1B worker is laid off, it likely will be necessary to stop working until the EAD is issued (or an H1B change of employer petition is filed). (19.Nov.2025)Sheela Murthy...

12:42 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
12 Nov 2025

I am on H1B and my employer recently announced a round of layoffs. If I am laid off and apply for a change of status to B-1, can I later move back to H1B without having to pay the $100,000 fee?

Answer If an H1B worker changes to some other status, such as B-1, and then has an H1B change of status filed on their behalf, it appears the $100,000 fee would not apply (assuming the status request is granted). (11.Nov.2025)Sheela Murthy and other senior attorneys provide...

10:10 / FAQs / For Employers / For Individuals / Worker
05 Nov 2025

I am currently in H1B status. I had a complicated pregnancy and ended up having to take more than six months of voluntary leave. Will this be viewed as a violation of status?

Answer The legacy Immigration and Naturalization Service (INS) previously indicated that an H1B worker is entitled to the same leave as the company’s other employees, including benefits under the FMLA and/or the employer’s maternity or parental leave policies. (04.Nov.2025)Sheela Murthy and other senior attorneys provide guidance...

11:39 / FAQs / For Employers / For Individuals / Worker